In recent months, Parliament has introduced many updates to the EU Settlement Scheme. In this blog, we will discuss the most important announcements that affect EU nationals.
From September 2023, people with pre-settled status under the EU Settlement Scheme will have their status automatically extended by 2 years, if they have not been granted settled status. This means that if you are an EU national living in the UK under the EUSS scheme (pre-settled status), you will not lose your immigration status despite not applying for settled status, subject to meeting the requirements. Additionally, in 2024 the Home Office aims to initiate quick checks in respect of pre-settled status holders to establish the length of time they have been resident in the UK, as well as their eligibility under other requirements. If such pre-settled status holders are found eligible, their status will automatically be converted into settled status. The Under Secretary of State for Migration and Borders, Lord Murray, has emphasised the possibility of EU, EEA, and Swiss citizens making a “hugely valued contribution to British society” by avoiding the loss of their immigration status simply because they are yet to apply for settled status.
Administrative Review is a mechanism for challenging Home Office decisions, which involves an internal review process of the Home Office. The Home Office has limited the ability of applicants to challenge unsuccessful applications for pre-settled and settled statuses. As such, from 5 October 2023, most negative decisions on pre-settled and settled statuses cannot be challenged using the administrative review process. Instead, applicants who believe that there has been an error in the consideration of their applications should appeal to the First-tier Tribunal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020. For more details on how to do this, please contact Gherson LLP.
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.