Email Re: EU Settlement Scheme

Hi guys my spouse just received the following email.

Bit of background I am a dual British and Irish citizen and my wife is an American

Wife received Spousal Visa MAR 2019, entered country  APRIL 2019

Then due to the EU Settlement scheme she jumped onto it in DEC 2020

Now it looks from the below that her pre settled status will be automatically upgraded to settled status, however that sounds too good to be true. Just wanted to double check with you guys.

Regards

Shackleton E


Dear EU Settlement Scheme status holder,

You are receiving this email because you currently hold pre-settled or settled status under the EU Settlement Scheme (EUSS).

This email provides important updates on the EUSS, including:

New information for pre-settled status holders on what will happen to their status when it is due to expire
Home Office plans to introduce automatic switching from pre-settled to settled status, and what it means
A reminder on keeping your contact and passport/national identity card details up to date
If you have become a British citizen since you were granted settled status, then this message does not apply to you and you can ignore it.

Pre-settled status will be automatically extended by 2 years before it is due to expire
The Home Office is making new arrangements where a person who holds pre-settled status is approaching the current expiry date of that status. This will not impact you if you already have settled status or have since become a British citizen.

From September 2023, pre-settled status holders who have not yet obtained settled status and are approaching the current expiry date of their pre-settled status will have that status automatically extended by 2 years. This will ensure that no current pre-settled status holder will lose their immigration status because they have not made a second application to the EUSS. They will also retain their pre-settled status beyond its current expiry date where they have made a second application to the EUSS and are awaiting its outcome.

Pre-settled status holders will be automatically granted this 2-year extension before their status was originally due to expire if they have not yet obtained settled status. They do not need to contact the Home Office about this extension. It will be automatically reflected in their digital status and they will be notified once it has been applied.

If you hold pre-settled status and have now been living continuously in the UK for at least 5 years, then this change does not stop you making a further EUSS application to switch to settled status, and we would encourage you to do so as soon as you are eligible. You can apply for settled status at any time, for free, at https://www.gov.uk/eusettlementscheme.

Settled status is the easiest way to demonstrate the right to live in the UK indefinitely. You can find out more about applying it at https://www.gov.uk/settled-status-eu-citizens-families/switch-from-presettled-status-to-settled-status.

Plans for pre-settled status holders to have their status switched to settled status automatically, where the Home Office holds the information to do this
In addition to the automatic 2-year extension of pre-settled status, the Home Office also plans to take steps during 2024 to start to automatically switch as many eligible pre-settled status holders as possible to settled status without them needing to make an application. Automated checks of pre-settled status holders against government-held information would check for example their ongoing continuous residence in the UK.

A further, more detailed update will be provided before this process is launched. This will not affect you if you already hold settled status or have since become a British citizen.

In the meantime, whether you have pre-settled or settled status, you should continue to use the view and prove service to demonstrate your rights. You can access this at https://www.gov.uk/view-prove-immigration-status.

If you hold pre-settled status and have been living continuously in the UK for at least 5 years, then you do not need to wait for updates on automation. Eligible pre-settled status holders can apply for settled status at any time, for free, at https://www.gov.uk/eusettlementscheme.

We recommend that you keep your contact and document details up to date
If you hold pre-settled or settled status, it is extremely important that you keep your contact information, such as your email address, up to date, to ensure you receive any updates or information on your EUSS status. You can do this quickly and easily:

By using the ‘Update your UK Visas and Immigration account details’ service at https://www.gov.uk/update-uk-visas-immigration-account-details or
By signing in and using the ‘update details’ function of the View and Prove service at https://www.gov.uk/view-prove-immigration-status.
Updating the Home Office when you are issued a new passport or (for EU, other EEA or Swiss citizens) national identity card through the same links will also help you to avoid unnecessary delays at the border when travelling internationally.

Travelling to or from the UK
When travelling to or from the UK, we recommend you travel using the document you used to apply to the EUSS. Before you travel on a different document, you should update your UKVI account to add that document at https://www.gov.uk/update-uk-visas-immigration-account-details. For example, if you applied using your passport and you are planning to travel using your national identity card, you should ensure that both documents are linked to your account. If you have not received confirmation before you travel that details of your new document have been successfully updated, you should, where possible, also carry the document with which you applied to the EUSS, to avoid unnecessary delays at the border.

Visa nationals with pre-settled or settled status should always continue to travel with their in-date biometric residence card.

If you have become a British citizen since you were granted settled status, you must use either a valid British passport, or a certificate of entitlement to the right of abode which can be placed in a valid foreign passport, when re-entering the UK following overseas travel.

I received the same email last week. It appears to be legitimate.  Once you hit the five years you can apply for an upgrade to settled from pre-settled status. They're supposedly also making that automatic based on their checking of the pertinent records. As they are still allowing formal application for that change, if I was still pursuing this I'd apply formally and not trust for them to implement an "automatic" status change.

Just color me paranoid.

(We sent in a notice when we left the country that we were leaving and not intending to return, but we still do continue to get EU Settlement emails.)

I received the same email last week. It appears to be legitimate.  Once you hit the five years you can apply for an upgrade to settled from pre-settled status. They're supposedly also making that automatic based on their checking of the pertinent records. As they are still allowing formal application for that change, if I was still pursuing this I'd apply formally and not trust for them to implement an "automatic" status change.

Just color me paranoid.

(We sent in a notice when we left the country that we were leaving and not intending to return, but we still do continue to get EU Settlement emails.)

It is legitimate and has been discussed on forums.

Although a UK visa has to be renewed in time to avoid being unlawfully in the UK, it appears the EU felt that those using their Free Movement are low skilled and might not remember to apply before their Pre-Settled Status expired. The extra two years on Pre-Settled Status is given to avoid them being unlawfully in the UK, but they still might not be allowed to have EUSettled Status if they have broken their stay by being outside the UK for more than 6 months (in any 12?). It seems these can use that extra 2 years in the UK to try to find a UK visa they might qualify for.

In addition to this, those who applied for EUSettled Status just had to self certify that they had not broken their 5 years, but nothing was checked at that stage. Now, the UK will check the records to see if they really do qualify after 5 continuous years in the UK on EU Pre-Settled Status and automatically give EU Settled Status to those who meet the requirements.

Meaning those who don't meet the requirements for EUSettled Status (a type of ILR) get the extra 2 years of EU Pre-Settled Status automatically, to look for a UK visa to stay before that 2 years expires. For a few, that extra 2 years might then allow some to meet the requirements for EU Settled Status.
E.g. some EEA citizens left their non-EEA families in the UK while they were outside the UK and that 2 years will give them time to find a work sponsor for a UK visa so that their spouse and children can remain too on dependent visas.

EDIT. This was the announcement in July
https://www.gov.uk/government/news/eu-settlement-scheme-enhancements-confirmed