Recent UK Government announcements have introduced changes to the EU Settlement Scheme, which could impact those with pre-settled status. These changes include potential automatic upgrades to settled status and extensions of pre-settled status for another five years, instead of the previous two-year automatic extension. However, these changes do not alter the rules regarding absences from the UK, which are to be taken seriously for pre-settled status holders who wish to gain settled status.
Key Points
Automatic Extensions and Upgrades:
Some pre-settled status holders may be automatically upgraded to settled status by the Home Office. This generally applies to individuals who have already met the requirement of five years of continuous residence.
Others might have their pre-settled status automatically extended for another five years. This extension is intended to allow more time for individuals to complete their 5-year continuous residence period and qualify for settled status.
Qualifying for Automatic Extensions:
To qualify for an automatic extension of pre-settled status, individuals must have been living in the UK before 31 December 2020 and must have been granted pre-settled status.
Cutting Short Pre-Settled Status:
Despite the automatic extensions, pre-settled status can be cut short or cancelled if the Home Office determines that the individual will not qualify for settled status due to excess absences. Exceeding allowed absences, such as being outside the UK for more than six months in any 12-month period (with some exceptions), can lead to the cancellation of pre-settled status.
Continuous Qualifying Period:
To upgrade to settled status, a continuous qualifying period of five years' residence in the UK is required. This period is broken by absences of more than six months in any rolling 12-month period, except for specific exceptions, such as serious illness, study, vocational training, or COVID-19-related reasons.
Impact of Absences Post-2020:
Absences breaking the continuous residence period would affect the ability to qualify for settled status if these occurred after 31 December 2020. Returning to the UK after a lengthy absence post-2020 does not reset the qualifying period clock.
Advice for individuals with pre-settled status in the UK.
Keep an eye on your travel to avoid being away for more than six months in any 12-month rolling period. Stay updated on the rules and exceptions, and be honest about your residence details, as the Home Office can check your travel records.
While the recent changes aim to simplify the path to settled status for some, the rules on absences remain strict. It is crucial for EU citizens with pre-settled status to manage their absences carefully to secure their future in the UK.
Contact us
If you require any clarification or have any enquiries around pre-settled status, please don't hesitate to get in touch with the team at Migrate UK: info@migrate-uk.com.