The Statement of Changes released on 10 September 2024 provided some important updates of the EU Settlement Scheme. This blog will outline these changes and explore what they may mean for your permission to stay in the UK.
In July 2023, the Home Office announced that status holders under the EU Settlement Scheme may receive automatic 2-year extension of their limited leave to enter or remain in the UK without having to make a fresh application. Then, in May 2024, it was announced that these automatic extensions would be increased from 2 to 5 years.
The Statement of Changes on 10 September 2024 added that the Secretary of State may also grant Settled Status where the requirements are met, without the individual having to submit a separate application. This change will take effect on 8 October 2024.
To meet the requirements for settled status under the EU Settlement Scheme you must be an EEA citizen with documented right of permanent residence, a family member of an EEA citizen or a person with a derivative or Zambrano right to reside and be eligible under one of the seven conditions set out in Appendix EU. In most cases, you must have started living in the UK by 31 December 2020 and applied under the EUSS before 30 June 2021, unless you have had 'reasonable grounds' for applying after this date.
Additionally, you must have completed a 5-year qualifying period of lawful continuous residence in the UK.
It is important to be aware of whether you meet the requirements for Settled Status, as in the absence of sufficient evidence to confirm this through the Home Office records, you will have to make an application. If you do not meet the requirements but believe that there are grounds for requesting that the Secretary of State waives the established procedure to grant you Settled Status, you may wish to make a discretionary application.
Once you have obtained Settled Status under the EU Settlement Scheme, you may also have the option to naturalise as a British citizen. UK citizenship is granted at the discretion of the Secretary of State, as it is considered to be a privilege, rather than a right.
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.
