What changes are being made to the EU Settlement Scheme?
More than three years since the deadline to apply for settled status in the UK, a new change is being introduced to stop EU citizens losing their rights.
Campaigners have welcomed new changes to the EU Settlement Scheme that would make it easier for people to obtain settled status to live in the UK.
The new system will see those with "pre-settled status" automatically granted settled status if eligible, rather than having to go through the application process all over again.
It follows a High Court judgement that ruled it was unlawful to take away the rights of people with pre-settled status just because they hadn't made a second application before the expiry of their status.
While some 1.7 million EU citizens with pre-settled status stand to benefit from this change, campaigners warn some of those with "complex life circumstances" will "fall through the net of this policy" and risk losing their right to live in the UK, or being "pushed into exploitation".
Here, Yahoo News explains the changes and why campaign groups still have concerns.
What's the difference between pre-settled and settled status?
Settled status is an immigration status given to people under the EU Settlement Scheme (EUSS) introduced in 2019 after Brexit.
It allows citizens from the European Union, European Economic Area (EEA) and Switzerland who were living continuously in the UK for at least five years before 31 December 2020 to live and work in the UK permanently.
Those who didn't meet these criteria could apply for pre-settled status, a temporary immigration status, granted for a period of five years, initially requiring people to then apply for settled status once eligible.
The deadline for most people to apply for the EU Settlement Scheme was 30 June 2021, but the Home Office did make exceptions for those with "reasonable grounds" for a late application.
The EU Settlement Scheme has provided 5.7 million EEA and Swiss citizens and their family members with the status they need to continue living and working in the UK since Brexit, according to the Home Office.
What is changing under the new system?
In a bid to make things more straightforward, the Home Office is introducing a new process to automatically convert eligible pre-settled status holders to settled status.
Pre-settled status holders approaching the expiry of their status will receive an email telling them they "may soon be considered" for an automated conversion.
The Home Office says it expects to issue the first grants of settled status under this new process from late January, before expanding the process to benefit more people later this year.
It says it will automatically check pre-settled status holder records against government-held records, for example, for evidence of criminal conduct and to ensure they have been living in the UK – the same checks used when people first applied for the EU Settlement Scheme.
"We are also considering the appropriate next steps for cases where a pre-settled status holder no longer meets the conditions," the Home Office adds.
Pre-settled status holders won't need to do anything and will be informed if they cannot be granted settled status, although people are still free to apply online themselves if they prefer.
Why is the government introducing these changes?
The changes follow a ruling by the High Court in 2022 that certain aspects of the EU Settlement Scheme were unlawful.
Judge Mr Justice Lane concluded that the Home Office had wrongfully interpreted the withdrawal agreement between the UK and EU by allowing people with pre-settled status to lose their rights purely because they had failed to make a second application.
The legal challenge was brought by the Independent Monitoring Authority (IMA) – the watchdog set up by the government to look after EU citizens’ rights in Britain after its exit from the union.
At the time, more than two-and-a-half million people faced having their residency rights taken away for failing to make a second application.
The Home Office initially indicated it intended to challenge the ruling, but confirmed in February 2023 that it would not do so.
It is now extending pre-settled status by five years for people approaching the expiry of their status to ensure nobody loses their residency rights because they didn't make a further application.
What issues could EU citizens living in the UK still face?
While EU citizen campaign groups have welcomed the Home Office's changes, they still warn that some people could still face a bureaucratic maze in trying to prove how long they have been living in the UK.
Grassroots movement the 3 Million suggested the way the government has chosen to implement the High Court's judgement "still puts at risk people whose residence history is not straightforward".
"If someone hasn't either had a continuous job or claimed welfare benefits during their five years of continuously living in the UK, then they are not likely to benefit from this automatic grant of settled status," a spokesperson said.
"Instead, the Home Office will put the burden of proof on EU citizens - to show they've lived here continuously and they qualify for settled status.
"We've seen many people who are unable to meet the high threshold of bureaucratic evidence the Home Office requires: from stay-at-home mums being refused settled status because their names are not on any household bills, to people who lost their job and lived with friends for a while, and the most vulnerable of whom were pushed into destitution and homelessness.
"We are concerned that EU citizens and family members with complex life circumstances will fall through the net of this policy, have their immigration status curtailed and be pushed into exploitation."
Many of you have reported receiving an email about #eVisas from the Home Office which is very confusing.
People granted status under the EU Settlement Scheme should already have a UKVI account and be able to see their digital status - which is now referred to as an eVisa. pic.twitter.com/2XOlYaLtXx— the3million (@the3million) December 11, 2024
As an alternative, the 3 Million proposes granting indefinite leave to remain to all EU citizens with pre-settled status after five years of being granted that status, provided there are no other suitability issues.
Kate Smart, CEO of Settled, a charity set up in 2019 to help EU citizens living in the UK after Brexit, acknowledged that the automated process "will give a lot of people peace of mind about their future".
However, she said the charity already has concerns that "Home Office letters being sent to EU citizens about such changes are too long and complex and causing unnecessary confusion and anxiety".
"In some cases, EU citizens who want to comply with the rules are taking the wrong steps because they don't understand," Smart added.
"Secondly we have concerns for those people whose cases are not automatically updated and will still need to present evidence, perhaps going back years, to prove their right to remain.
"Finally, even with settled status, we know many people find the digital system hard to use and believe a paper document is needed."
In guidance published earlier this month, the Home Office said there is "no change to our digital approach", adding that "physical documents can be lost, stolen, damaged or tampered with".
The department says evidence of residence "can be as little as a utility bill, bank statements or a letter from a GP or charity".
