Changes To The EU Settlement Scheme & Right To Work Checks in UK 2024

Changes To The EU Settlement Scheme & Right To Work Checks

Changes will simplify the process for pre-settled status holders to demonstrate their rights and provide clearer guidelines for third parties checking their immigration status.

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On 21 May 2024, the UK government announced significant changes to the EU Settlement Scheme thanks to the successful High Court challenge by the Independent Monitoring Authority (IMA). The background and context of the challenge can be found here.

Essentially, the changes will ensure that holders of pre-settled status can demonstrate their rights more easily and bring greater clarity for third parties conducting checks regarding the immigration status of those holding pre-settled status.

Key Changes

Removal of pre-settled status expiry dates

The changes will result firstly in the removal of expiry dates from the digital profiles of holders of pre-settled status which are currently displayed in the online services for verifying immigration status, namely the Right to Work, Right to Rent and View and Prove services.

The individuals in question are not required to take any action in this regard, instead, the changes will be reflected in the online services automatically and relevant guidance, updated accordingly.


Removal of the need to conduct further right to work or right to rent checks

Additionally, employers, landlords and lettings agents will no longer be required to conduct a further Right to Work or Right to Rent check where an individual remains in their employment or under the same tenancy agreement.


Extension of pre-settled status

Finally, the duration of the extension of pre-settled status will be increased from 2 to 5 years. This follows the previous changes implemented in September 2023 which introduced an automatic extension of pre-settled status is to years to ensure that holders of pre-settled status did not risk losing their immigration status, and all the accompanying rights and entitlements, in the absence of an in-time application for settled status. The latest changes go yet further in bringing greater relief to those with pre-settled status.


Final Thoughts

Where you are employing EU nationals with pre-settled status, we would advise that you update them of this change and automatic extension to their immigration status. Further, whilst the change is good news for pre-settled status holders, we would advise that where your employee qualifies to apply for settled status that they are encouraged and supported to do so. This is because settled status gives greater rights than pre-settled status such as access to a wider range of welfare benefits and the length of time that they can be outside of the UK.


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Should you have any queries please do get in touch with your usual Paragon Law contact or make a new enquiry today.

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If you require further assistance navigating the EU Settlement Scheme updates or Right to Works checks, then get in touch with Paragon Law today to see how we can assist you further.

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