Changes To The EU Settlement Scheme & Right To Work Checks

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.