Key changes to the EU Settlement Scheme: automatic conversion from pre-settled status to settled status

The Home Office has announced on 17 January 2025, the new process under the EU Settlement Scheme (EUSS) to automatically convert eligible pre-settled status holders to settled status will begin before the end of the month. The plan to automate some pre-settled to settled status conversions was first announced in 2023. This new approach will remove the need for some pre-settled status holders to make an application to upgrade to settled status, a welcome move for those who can benefit.  However, at this time it is not clear how many pre-settled status holders will benefit and so the new processes require monitoring to see how effective it is.

The announcement states that the initial automation process will “check pre-settled status holder records against government-held information” to ensure they have remained resident in the UK. Currently you apply for status under the EUSS if you provide your National Insurance number your tax and benefit data is checked by the Home Office. Presumably the automation process will use these same data checks whether pre-settled status holders have lived in the UK continuously for five years, a key requirement to be granted settled status under the scheme. A criminal conduct check will also be carried out. 

Without providing any detail, the announcement says that “later in 2025, the Home Office intends to expand this process to enable more eligible pre-settled status holders to benefit from it”. We will provide more updates on this expanded process once known however, a key takeaway is that not everyone with pre-settled status will be able to be upgraded to settled status via this automatic process. 

It is still possible to make an application for settled status and for those whose pre-settled status is not expiring for some time yet but who have completed a five-year UK qualifying period, making an application is likely to be the quickest way to get a grant of settled status. 

If you are coming to the end of your pre-settled status grant, the Home Office will notify you by email that you have been granted an automatic extension of pre-settled status (for five more years). The purpose of this extension is to ensure you do not lose your status – and associated rights – whilst the automatic checks are being carried out, and in the event that you cannot be automatically upgraded to settled status. The Home Office will notify you if you cannot be granted settled status following the checks.

In a separate announcement issued the day before the automation one, the Home Office states that pre-settled status (including extensions) can be taken away from those who have broken their continuous residence. However, this announcement just states the Home Office is considering “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”. 

Therefore, it is not clear what the Home Office plans to do with pre-settled status holders who have broken continuous residence (and therefore, cannot be upgraded to settled status). Further guidance on how these cases will be handled is expected in the future.

Although the automatic upgrade process will help those with sufficient government records, not everyone will benefit and so you should keep evidence of your continuous residence and make sure that if you have not yet completed a five-year qualifying period that you abide by the residence conditions. If you want to apply for settled status rather than wait for the automated process, you still can. 

In conclusion, these developments are welcomed as many pre-settled status holders will be able to avoid making an additional application for settled status after becoming eligible. However, there are still unknowns about what will happen to those pre-settled status holders who do not meet the strict residence conditions to be upgraded to settled status as the Home Office states they are entitled to remove pre-settled status in this situation. This leaves some uncertainty for many and we will need to wait for future policy announcements to know what will happen next.