Settled status may be granted automatically

The UK Home Office has made some changes to the process of granting settled status under the EU Settlement Scheme (EUSS). Persons with pre settled status may now be granted settled status automatically.

This is possible if the Home Office records show that a person with pre settled status resided in the UK at least 30 months during the last 60 months through tax or benefit records. Over 87,000 people have already been granted settled status in such automated manner.

That said, for some people, the process will remain as usual. This includes, among others, non-EEA family members, individuals under 18, people without sufficient tax or benefit records and those who obtained another immigration status.

In cases where settled status cannot be granted automatically, the pre settled status should continue to be extended by 5 years.

Home Office also informs that it will begin reviewing cases where individuals may no longer meet continuous UK actual residence requirements. This mainly concerns persons who have spent long periods outside the UK. At the same time, given that Home Office’s travel database may not contain accurate records, individuals are encouraged to independently maintain their own travel records (including supporting documents).

The Home Office will also now have expanded powers to review whether pre settled status conditions have been complied with, including automated checks as to whether a person has spent the required 30 months in the UK during the most recent 60-month period, the right to request evidence of residence in the UK or explanation of absences. After an appropriate assessment, the status may be cancelled.

When making decisions, the Home Office will take into account such factors as a person’s age and health, family ties in the UK, employment and other factors.

A person against whom a decision to cancel their status is adopted will have the right to appeal.