New Home Office policy on retaining and proving pre-settled status if you have another UK immigration status

In September, the Home Office published new policy guidance for pre-settled status holders who have obtained an alternative non-EUSS immigration status. 

The new guidance confirms ways you can continue to hold pre-settled status and rely on this status for your Withdrawal Agreement rights if needed and relevant. Note that not every pre-settled status holder is covered by the new policy as it applies to those under the Withdrawal Agreement (and the EEA and Swiss Agreements)

As the Independent Monitoring Authority reports, this is an important update which applies to partners sponsored under the EUSS who later get immigration status under a route for victims of domestic abuse. 

However, the Home Office policy covers other types of immigration status, for example if you have now been granted a Skilled Worker visa or Student visa.

You should be aware that if you have been granted another type of immigration status you will no longer see your pre-settle status in your UKVI account. This is because your UKVI account can only show one of your immigration statuses, but you do still have pre-settled status and this status should be accessible by parties who need to see your pre-settled status rights (for example, an employer can check you have pre-settled status). 

These rules will also apply retrospectively and so if you have already been granted an alternative immigration status then you will have kept your pre-settled status and can apply for settled status once you meet the residence rules (see our page on Moving from pre-settled to settled status – Absences for more information). 

Here is a brief outline: 

• You still have pre-settled status if you originally held it under the EU Settlement Scheme and later received another type of UK immigration permission.
• This applies if you are eligible:
  • from the EU, Switzerland, Norway, Iceland, or Liechtenstein
  • a family member of someone from these countries
  • someone with a retained right of residence (connected to a qualifying family member living in the UK before 31 December 2020).

Proving your status:

Special cases:

• Victims of domestic abuse may have pre-settled status reinstated if settlement was refused.

Moving to settled status:

• You can apply for settled status once eligible.
• It replaces any other permission you hold, but it is not automatic, you must apply

You can read the Home Office guidance our gov.uk