The first automated settled status grants under the EU Settlement Scheme (EUSS) will happen from late January 2025. This is good news if a grant is straightforward. However, this activity may also trigger the Home Office to consider whether it is proportionate to cancel pre-settled status holders’ permission if they have broken the continuity of their residence or otherwise fail to meet the conditions of the scheme.  

The launch of automated settled status grants was confirmed in a policy paper published by the Home Office on 17 January 2025. The process will be applied to a small group initially, with further phases planned for later in the year following feedback from status holders and other stakeholders.

How can I be granted automated settled status?

If you hold pre-settled status (PSS) that is due to expire, the Home Office will automatically extend your pre-settled status by 5 years and may also email you to confirm you may be shortly considered for automated conversion to settled status. You will not need to make any formal application.

Under the automated conversion process, the Home Office will check government-held information, e.g. from HMRC or DWP, as well as border crossing and criminal record data. If this information confirms residence and no reason to refuse on conduct grounds, settled status will be granted and you will be notified of this by email. 

What happens if the Home Office is not able to grant me automated settled status?

You will be notified by email if the Home Office is unable to grant you settled status using the automated process. Although you will also receive an automatic extension of your pre-settled status, this may separately be cancelled if the Home Office considers you may no longer meet the requirements of the EUSS. See further information on potential cancellation action below. 

Can I still choose to make a formal application for settled status?

Yes, the existing application process will still remain in place, with the automated process running in parallel. 

You may wish to formally make an application for settled status if:

  • You are already eligible for settled status, and your PSS has been extended before the introduction of the automated process (because this means you may not be considered quickly under the initial phase of the automated process);
  • You are already eligible for settled status, and would like to make proving your status as straightforward as possible for a future naturalisation or citizenship registration application;
  • You will be eligible for settled status significantly ahead of the date your PSS is due to expire, e.g. the date you will have been continuously resident in the UK for five years is much earlier than your PSS expiry date (don’t forget you can count from when you physically entered the UK, not from when your PSS was first granted); or
  • The Home Office has not been able to grant you settled status using the automated process, but you can provide evidence (outside of government-held information) that you are eligible.

Will my pre-settled status be cancelled if I have broken the continuity of residence under the EUSS, or I don’t otherwise continue to meet the requirements for settled status?

In our practice, we regularly deal with queries about broken continuity of residence under the EUSS. Although the Home Office has not yet started to cancel PSS for this reason, there is power to.
The cancellation power is already used for partner family members where the relationship with the main EEA national EUSS status holder has broken down.

We discuss each of these situations further below. Note that cancellation can also happen for other reasons, which would need advice on a case-by-case basis, such as where a status holder has been accused by the Home Office of getting their status by using deception.

Firstly, when will continuity of residence be broken?

If you have PSS, you may spend up to 6 months in any 12-month period outside the UK without risking a break in the continuity of your residence. Absences longer than this can be discounted in some circumstances, e.g.:

  • One period of up to 12 months for an ‘important reason’, such as childbirth, serious illness, study, vocational training or an overseas work posting;
  • Certain absences due to the COVID-19 pandemic;
  • Absences of any duration for:
     
    • Compulsory military service;
    • Working outside the UK as a crown servant or in the armed forces, or being an accompanying family member; or
    • Working in the UK marine area.

Assessing whether continuity of residence has been maintained (and evidencing this) is often not straightforward, especially because of international travel and people’s personal circumstances being affected during the pandemic. If you have concerns about whether you have broken your continuity of residence, you may wish to seek immigration advice.

What is the Home Office’s policy where continuity of residence has been broken?

The short answer is that the Home Office is still working this out.

The Home Office’s policy paper states:

“We are also considering the appropriate next steps for cases where a pre-settled status holder no longer meets the conditions of their pre-settled status, for example because they have not remained continuously resident in the UK. Further information will be provided in due course.”

This appears to indicate the Government is currently considering its position. The GOV.UK website page on applying to the EU Settlement Scheme (which has not been updated since the publication of the policy paper) contains a more worrying message: 

“The Home Office may cancel the extension if they think you no longer meet the requirements for it, for example because you’ve been outside the UK for more than 6 months in a 12 month period. There are some exceptions.”

It’s important to remember that if the Home Office is considering cancelling (sometimes referred to as ‘curtailing’) a PSS holder’s permission, they will issue a ‘minded to curtail’ notification letter and must assess whether it is ‘proportionate’ to do so. Anyone arguing against cancellation will likely need to prepare reasons and supporting evidence in time to respond within 21 days (although it is possible to request an extension of time). 

To err on the side of caution, we suggest that you seek early advice about your circumstances and options if you have concerns about potential cancellation. 

When will relationship breakdown mean the Rules for a family member are no longer met?

Cancellation of PSS may be considered if:

  • A marriage or civil partnership (of the PSS holder or their relevant EEA citizen family member) is terminated; and
  • Following the termination, the person no longer meets any of the eligibility requirements of the EUSS.

It will also be considered if a status holder’s durable partnership has permanently broken down. 

What is the Home Office’s policy in cases of relationship breakdown?

The Home Office may take the following steps:

  • Refer your case to their Status Review Unit (SRU);
  • Send a ‘minded to curtail’ notification letter;
  • Allow you 21 days to provide reasons and evidence against the cancellation (this timeframe can be extended on request);
  • Consider any information and evidence you submit;
  • Invite you for an interview (if a decision can’t be made on the initially submitted material); and
  • Decide whether it is proportionate to cancel your immigration permission, based on the provided information and evidence they have available.

If pre-settled status is cancelled, there is a right of appeal.

Our recommendations for employers and pre-settled status holders

The automated process is new and the situation is evolving. We can’t yet predict whether, in later rollout phases, consideration for automated settled status will be linked to a review of PSS. We also don’t know yet how the policy will evolve in situations where cancellation is possible, especially where continuity of residence is broken. However, there are things that employers and individuals can do right now.

Recommendations if you are an employer

  • Monitor Home Office announcements and our updates (or join our mailing list to receive our updates);
  • Be aware that your staff may be worried about being contacted by the Home Office for a status review; and
  • Consider what signposting or direct support your business may provide for PSS holders whose eligibility for settled status is not straightforward, or whose status may be at risk of cancellation. 

Recommendations if you are a pre-settled status holder

  • If you are eligible, consider making a formal settled status application, especially if you expect that government-held data won’t lead to an automated grant;  
  • Monitor Home Office announcements and our updates (or join our mailing list to receive our updates);
  • Ensure your UKVI account is checked and updated if necessary to show your current passport/national ID card and contact details, including your postal and email address (not the contact details of a third-party, such as a representative);
  • Monitor your email for correspondence from the Home Office; and
  • Consider seeking immigration advice if you think you may have broken your continuous residence, or have other concerns that your PSS may be considered for cancellation.

Need further help?

We will provide further updates as the automated process is expanded, and once the Home Office’s policy is available on individuals who no longer meet the conditions for pre-settled status. If you have any queries at this stage or would like an assessment of your or your staff’s status and options, please contact a member of our Immigration team.

 

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