The Home Office is introducing a new process to automatically convert eligible pre-settled status holders to settled status, without the need for them to make a further EU Settlement Scheme (EUSS) application. 

Starting this month, the Home Office will email pre-settled status holders who are approaching the expiry of their status to inform them that they may soon be considered for an automated conversion to settled status. 

Pre-settled status holders don't need to wait to be converted to settled status under the automated programme. The introduction of this automated process will not prevent people from doing so. They can still apply for it as soon as they are eligible here.

The EUSS automation process from January 2025 

• Successful EUSS applicants will be given either settled status, usually where they have lived in the UK for a continuous five-year period (known as ‘continuous residence’), or pre-settled status.
• The status granted is generally dependent on how long the applicant has been living in the UK when they apply. Those with at least five years’ continuous residence when they apply are eligible for settled status.
• Pre-settled status holders who have not yet switched to settled status and are approaching the expiry date of their status, will see their pre-settled status automatically extended by five years. This will happen automatically, and they will be notified when it has occurred. They will not need to contact the Home Office.
• This will ensure that no pre-settled status holder will see their immigration status expire. This does not impact individuals who have already switched to settled status or have become naturalised British citizens after holding settled status.

The Home Office will automatically check pre-settled status holder records against government-held information, for example to ensure they have remained resident in the UK, and to check for any evidence of criminal conduct. These checks are the same as the checks undertaken when the person first applied to the EUSS and will ensure they are eligible for settled status before it is granted.

Why might people be refused?

• Suitability refusals will be made where there is evidence of serious or persistent criminality. This involves considering whether a person represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society, where their conduct before the end of the transition period is concerned.
• Eligibility refusals will be made where someone does not meet the criteria for the scheme. For instance, they have broken their continuity of residence, or their relationship with an EU, EEA or Swiss citizen has ended.
• The vast majority of refusals to date are on eligibility grounds rather than suitability.
• In cases where an applicant is refused, the Home Office will write to them to explain what steps they can take.
• If an individual disagrees with the decision to refuse their application, they can appeal that decision.
• For those who have made a valid EUSS application, their rights are protected pending the outcome of their application, including any appeal.

What is the status of those who have made a valid application but not yet received a decision?

• If someone has made a valid application to the EUSS, but has not had a decision yet, their rights in the UK are protected until their application is decided.
• People who have submitted a valid EUSS application receive a Certificate of Application which they can use to prove their rights pending the outcome of their application.
• If an individual has been notified that they have a digital Certificate of Application, they are able to use the View and Prove service to prove their rights.
• EUSS status holders need to use their eVisa credentials to sign into the online ‘View and Prove’ service available here, where they can access their immigration status (eVisa) and use it to evidence their rights in the UK.

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