There have been essential changes to the immigration rules recently laid out by the UK Home Office that concern holders of pre-settled status under the EU Settlement Scheme living in the UK. This change originated from the judgment of the Independent Monitoring Authority for the Citizens’ Rights Agreements v. Secretary of State for the Home Department [2022] EWHC 3274 (Admin). It appears that these new rules will have an extensive impact.
Automatic Extension of Right of Residence
The newly introduced regulations will provide an automatic extension for two years with regard to the individual’s residential rights. This is, of course, provided these individuals have met all their status conditions. The automatic extension is done to assist people whose residence has been interrupted in order to make sure they remain qualified as before for settled status.
Requirements for Residence
Individuals who have pre-settled status must follow and take note of specific terms, specifically those who have been staying in the UK continuously for five years. Additionally, these individuals can exit the UK for a term of 180 days for any period of 12 months within these five years. It is important to note that if this continuous residence is broken, this would put the individual’s eligibility for settled status in jeopardy.
Special Circumstances
There may be exceptions made for those individuals who have a good reason for their extended absence, e.g. critical health problems, compulsory military service, vocational training programs, etc. It would not be considered a valid reason if one returned to the UK due to financial issues.
To avoid complications following the two-year period, it’s quite important for individuals to make an online verification to check if their pre-settled status is automatically extended. It is crucial to stick to the terms of their pre-settled status to maintain their right to reside in the UK.
For more updates on UK immigration, sign up for our newsletter today.
