Exciting updates to the EU Settlement Scheme have been unveiled!

The Home Office has recently introduced new enhancements to the EU Settlement Scheme (EUSS) that will be advantageous for individuals currently holding Pre-Settled Status (PSS).

PSS was initially granted to applicants who had not lived in the UK continuously for five years by June 30, 2021. Those who could demonstrate uninterrupted residence for five years were granted Settled Status (SS).

There has been significant confusion over the past few years regarding the process for individuals with PSS to transition to SS, especially with the challenges posed by COVID-19 and extended absences from the UK.

Following a successful legal challenge by the Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA), the Home Office announced key updates. From September 2023, individuals with PSS will have their leave extended automatically by two years if they are unable to secure SS before their PSS expires. Additionally, eligible PSS holders will be automatically converted to SS without the need for a new application, provided they meet all eligibility criteria.

In a further effort to streamline the transition from PSS to SS, the Home Office disclosed last month that the extension period will now be extended from two to five years. Furthermore, the PSS expiry date will be removed from migrants' online accounts, simplifying the process for confirming their right to reside and work in the UK to potential employers and landlords.

Employers and landlords are relieved to learn that repeat right to work or right to rent checks are unnecessary if the initial process was completed accurately at the outset of the engagement and the migrant remains with the same employer or landlord.

Although these updates are positive, the Home Office still advises eligible individuals to apply for SS through the EUSS and provide thorough residence evidence to support their application.

Employers seeking guidance on the impact of these changes on right to work checks will not find the information in the current Employer’s Guide to Right to Work Checks, as it is yet to be updated. The Home Office has assured that affected documents will be revised in due course, so it is recommended to adhere to the current guidelines for right to work checks until the official documentation is refreshed.