The Automatic Extension of Pre-Settled Status was in the news in July 2023. Breytenbachs reported that the Home Office will allow pre-settled EUSS holders who have not yet obtained settled status and are approaching the expiry date of their pre-settled status to have their status automatically extended by two years. The development came into effect on 9 August 2023.
The extension was designed to ensure that pre-settled status holders do not lose their immigration status. If they have not received their settled status yet, pre-settled holders will automatically receive a two-year extension.
Latest 2024 Update on Automatic Extension of Pre-Settled Status
On 21 May 2024, the Home Office confirmed another update on Pre-Settled Status under the EUSS. Henceforth, the pre-settled status automatic extension will increase from two years to five years.
The Home Office also confirmed that they will remove the pre-settled status expiry dates from migrants’ digital profiles. Thus, the digital profiles shown to third parties in the online checking for the right to work, right to rent, and for other purposes will no longer show an expiry date of the pre-settled status. This development means that those who are required to check migrants’ immigration status no longer need to conduct subsequent follow-up checks for employment or tenancy.
Breytenbachs still highly recommends that, despite these developments, migrants still apply for Settled Status as soon as they qualify to do so. This will ensure that there is never a doubt about your immigration status in the UK. Or the possibility of the lapse of your leave, in the case of long absences.
Lapse of Leave under Appendix EU
More good news is that from 21 May 2024, the leave of persons who leave the Common Travel Area for longer than two consecutive years will no longer lapse. Only if a person leaves the Common Travel Area for longer than five consecutive years will their leave lapse. Note that this period is four years for Swiss nationals and their families.
The best course of action will thus be to ensure that you and your family apply for settled status, as soon as you qualify. This will ensure that despite absences, you still retain your settled status. Please contact your Breytenbachs consultant to apply for your Settled Status.
How Breytenbachs can help you
Breytenbachs strongly recommends that clients with pre-settled status who have had significant absences from the UK contact us. Your consultant will assess whether you can apply for Settled Status. We also highly recommend that clients apply for their Settled Status, as soon as you qualify. Breytenbachs will be able to assist with your application.
