Friday 31 January 2025

The Home Office has announced its intention to automatically convert as many eligible pre-settled status holders as possible to settled status from late January 2025.

Those currently holding pre-settled status who are eligible for settled status may not need to make a further application to the scheme and may automatically be granted settled status. Foreign nationals whose pre-settled status is due to expire will receive a five-year extension to ensure that they have sufficient time to either be granted settled status automatically or submit a settled status application. Once these pre-settled status extensions have been granted, the Home Office will begin conducting checks using government data (tax and benefits records) to confirm whether they shall be eligible for settled status. Provided the pre-settled status holder passes these checks, they shall be granted settled status that can be evidenced digitally via their eVisa.

This will be a phased approach – the first cohort of pre-settled status holders selected will be notified via email that their status will be considered for settled status. It is vital that all pre-settled status holders keep their contact details up to date on their eVisa, which can be done via this link. After this, they should not be required to take any further action, and the Home Office aims to send updates throughout the automated process. Once the Home Office processes the first cohort of pre-settled to settled status holders, the plan is to expand this later in 2025 to more pre-settled status holders.

However, note that the process may not be so straightforward for all applicants. Not all pre-settled status holders will be automatically granted settled status and many applicants may still be required to manually submit a settled status application depending on their circumstances. The automated process mainly benefits those with an evident track record of living and working in the UK (for instance, those paying taxes in the UK for the last 5 years) and those who comfortably satisfy the suitability requirements (no prior convictions or refusals).

In addition, the Home Office has also confirmed that they are actively considering the appropriate next steps for cases where a pre-settled status holder has ceased to meet the conditions of their permission by no longer maintaining their continuous residence. This could result in the Home Office taking action, such as curtailing status in certain circumstances.

If you consider that your settled status application is not straightforward, please get in touch with our enquiries team at enquiries@lauradevine.com and our experienced solicitors shall be pleased to advise.