Pre-settled status will be automatically extended if you do not qualify for ILR

A series of changes have been introduced by HC 1496, announced on 17 July 2023. Among these changes, one is particularly beneficial for EUSS status holders, as it eliminates the need for an extension application of pre-settled status. Instead, applicants will now be able to obtain the extension automatically.

The amendment has been made to Appendix: EU of the Immigration Rules, addressing the provisions of requirements and procedures for limited leave or remain under the EU settlement scheme.

The updated version now read as follows:

EU4. Where a person has been granted limited leave to enter or remain under this Appendix:

– They must continue to meet the eligibility requirements for that leave which they met at the date of application (except for any which related to their dependency as a child, dependent parent or dependent relative) or meet other eligibility requirements for limited leave to enter or remain in accordance with paragraph EU14 (where they have been granted limited leave to enter or remain under paragraph EU3) or in accordance with paragraph EU14A (where they have been granted limited leave to enter or remain under paragraph EU3A); and

-The Secretary of State may extend that limited leave, regardless of whether the person has made a valid application under this Appendix for such an extension; and

-They remain able to apply for indefinite leave to enter or remain under this Appendix and will be granted this where the requirements in paragraph EU2 (where they have been granted limited leave to enter or remain under paragraph EU3) or paragraph EU2A (where they have been granted limited leave to enter or remain under paragraph EU3A) are met.

The amendment is based on sections 3(3)(a) and 4(1) of the Immigration Act 1971 and the Government’s implementation of the judgment in the Independent Monitoring Authority for the Citizens’ Rights Agreements v the Secretary of State for the Home Department [2022] EWHC 3274 (Admin) (21 December 2022).

The Home Office has been authorized to vary one’s leave, “whether by restricting, enlarging, or removing the limit on its duration, or by adding, varying, or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply.”

Therefore, if the leave has not lapsed according to section 4 of the Immigration Act 1971, then the pre-settled status will not expire by failing to make an extension application under EUSS. Consequently, it can be extended automatically.

The new policy is scheduled to be implemented from 7 August 2023. The process will be automated by the Home Office and reflected in the person’s digital status. Individuals will be notified directly of the extension. This measure will ensure that nobody loses their immigration status if they do not apply to switch from pre-settled to settled status.


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