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JR seeking to protect rights of those with pre-settled status should they fail to apply for settled status

Daphne
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Daphne
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Stuart
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New immigration rules laid in Parliament today, confirm that from September 2023 people with pre-settled status under theEUSS will automatically have their status extended by two years before it expires if they have not obtained settled status -

‘The process will be automated by the Home Office and reflected in the person’s digital status. They will be notified of the extension directly. This will ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.’

In addition, the Home Office confirms that it intends to -

‘... take steps to automatically convert as many eligible pre-settled status holders as possible to settled status once they are eligible for it, without them needing to make an application. During 2024, automated checks of pre-settled status will establish their ongoing continuous residence in the UK. Safeguards will be in place to ensure that settled status is not wrongly granted.’

More: Enhancements to the EU Settlement Scheme confirmed from gov.uk

 

Stuart
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The IMA has raised concerns about the current Home Office approach of automatically applying a two-year extension to all pre-settled status holders shortly before they approach their current date of expiry saying -

‘... this approach may continue to cause challenges for citizens, for example with employment or housing, due to the continued temporary nature of pre-settled status being visible on official documents. However, status should not expire in practice providing the person continues to meet the underlying conditions.

The IMA is holding regular meetings with the Home Office to better understand its plans for how the judgment will be implemented. We understand that the Home Office is nearing a final view on proposals that seek to provide practical solutions for citizens. The IMA will continue to promote workable resolutions and monitor the effectiveness of any changes.’

More: Citizens’ Rights’ Watchdog Calls For Resolution On Landmark High Court Case Implementation.