The Home Office announced a significant change to the immigration rules relating to individuals living in the UK with pre-settled status under the EU Settlement Scheme. The new rules implement the judgment made in the case 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 ruling will have considerable impact by automatically extending an individual's right of resident for a further two years on the basis that their right of residence accrues automatically provided the conditions of their status have been met. This allows individuals to meet the residence requirement to be eligible for settled status in the event that their continuous residence period was previously broken.
Kavina Munja, a lawyer in our immigration team, commented "The key issue in the change in the rules is that those living under pre-settled status must have adhered to the terms of their status as required. Particularly the requirement to live in the UK for five continuous years." Kavina further pointed out "during the course of the five years of pre-settled status an individual is permitted to leave the UK for a 180 days in any 12-month period which makes up the five consecutive years that the applicant will be relying upon to apply for settled status. The issues arise when an individual has broken their continuous residence and therefore no longer meet the eligibility requirements to be granted settled status. A special dispensation can be granted for people with a valid reason for remaining outside of the UK for a longer period but such a reason must be seen to be absolutely unavoidable such as serious ill health, compulsory military service or vocational training. Being unable to return to the UK due to insufficient money for travel is not such a reason."
Giambrone & Partners highly qualified immigration lawyers point out that it is strongly recommended that an individual whose pre-settled status may be automatically extended should establish online on the Home Office website that this has actually been executed, this avoids problems after the two-year extension expires.
Our lawyers emphasis that it is imperative to adhere to the terms of pre-settled status and not to deviate in any way or you will compromise your status and may not be able to remain in the UK. Many people were prevented from travel during the pandemic however when the restrictions were lifted the expectation was that they should return to the UK.
If you have erroneously or unwittingly remained outside the UK in breach of the pre-settled status rules our lawyers can review the situation with a view to establishing whether there are any mitigating circumstances.
Kavina Munja has considerable experience related to immigration applications and has a comprehensive range of knowledge and expertise. She has successfully dealt with complex immigration appeals in the jurisdiction of England and Wales.
Kavina can assist clients with the preparation of applications, working closely with the authorities and ensuring that there are no errors or omissions that may impact on the success of the application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
