A Statement of Changes to the Immigration Rules laid in parliament on 17 July 2023 included various amendments to the EU Settlement Scheme.
Notably, the Home Office have addressed the position of those with pre-settled status following the landmark decision of the High Court handed down in December 2022 in the case of R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin). The Independent Monitoring Authority for Citizens’ Rights Agreements (IMA) argued that it was unlawful and at odds with the terms of the Withdrawal Agreement for citizens to lose their rights if they failed to either apply for settled status or further pre-settled status, prior to expiry of their extant pre-settled status. The court found that there were only certain circumstances where a right to reside under the EUSS can be lost, and that simply failing to apply for settled status or further pre-settled status is not one such circumstance.
The Statement of Changes has introduced to the Immigration Rules a provision that the Secretary of State for the Home Department may extend pre-settled status automatically. A Home Office news bulletin which can be viewed here further clarifies that the process of extension will be automated from September 2023 and show in a person’s digital status. It also states that it is the intention of the Home Office to automatically convert eligible pre-settled status holders to settled status without the need for a further application. This will come as welcome news to many pre-settled status holders whose initial period of pre-settled leave is shortly due to expire.
Less welcome amendments will be the closure of the ‘Surinder Singh’ and ‘Zambrano’ routes for family members of qualifying British citizens and primary carers of British citizens respectively. This has taken effect from 8 August 2023.
Other notable changes to the EUSS include changes to the validity requirements of an application under Appendix EU of the Immigration Rules. The timing of an application, i.e. whether it was submitted prior to a relevant deadline or whether there are reasonable grounds for a late submission will be dealt with as a preliminary issue. If an application is deemed out of time with no reasonable ground for delay, it will be rejected as invalid and the SSHD will not go on to consider the application substantively. Furthermore, illegal entrants to the UK are now precluded from making an application under the EUSS as a joining family member.
As ever, navigation of the ever-evolving Appendix EU of the Immigration Rules and the application of the Withdrawal Agreement remains complex. Our experienced immigration team will be happy to discuss your individual circumstances and advise on eligibility.
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