Moving from pre-settled to settled status – Automation

What is “automation”? 

In January 2025 the Home Office introduced a new EU Settlement Scheme (EUSS) process to move pre-settled status holders to settled status “automatically”. This means that in some cases pre-settled status holder do not need to apply to “upgrade” to settled status, as the Home Office grants them settled status under an automated process without any need for an application. As explained below, the Home Office contacts (usually by email) pre-settled status holders who are being assessed for an automated grant of settled status and will contact them again, once a decision has been made either the grant settled status, or to confirm that an automatic grant could not be made. Pre-settled status holders who cannot be automatically grant settled status are given a pre-settled status holders extension for 5 years. 

When are pre-settled status holders assessed for an automatic upgrade? 

The Home Office applies the automated process to pre-settled status holders who are approaching the “expiry date” of their existing pre-settled status. This process usually begins about 6 weeks before the expiry date when separates pre-settled status holders who can possibly benefit from an automatic grant of settled status from those who cannot be automatically upgraded. Those who are removed from the automation process are given a 5-year pre-settled status extension (see heading Which pre-settled status holders cannot be automatically upgraded?). Pre-settled status who can possibly be automatically upgraded are fed into the process described under the next heading. 

The automation process – overview: 

The process explained here only applies to adult EU/EEA/Swiss citizens whose pre-settled status was granted based on them being resident in the UK by 31 December 2020. 

• About 6 weeks before the pre-settled status expiry date the Home Office assesses whether the tax and benefit data (National Insurance records) show 5 years continuous residence (i.e. 30 months of residence in the last 60 months). 
  • If so they are granted settled status (‘full’ automation).
  • If not they receive a 5-year pre-settled status extension 
• For those given a 5-year pre-settled status extension the Home Office then assesses travel data to see if this data combined with the tax and benefit data shows 5 years continuous residence. 
  • If so they can be granted settled status (‘manual’ automation)
  • If not the pre-settled status extension is maintained however, the case will be flagged for potential curtailment consideration (see the section Can I lose my pre-settled status if I am away from the UK for too long?)

Go through the questionnaire to understand the automation process?

Which pre-settled status holders can be automatically upgraded? 

It is important to understand that the ‘full’ automation process only works for pre-settled status holders who satisfy all the following conditions: 

• You are approaching the expiry date of your pre-settled status (as this event is needed to trigger the automation process);
• You are an EU/EEA/ Swiss citizen who moved to the UK by 31 December 2020; 
• You are over 18 years old;
• You have tax and benefit data (National Insurance records) show 5 years continuous residence (i.e. 30 months of residence in the last 60 months). 

Although the qualifying criteria for settled status is based on 5 years continuous residence, the automated process is limited to checking National Insurance records. This means that only some pre-settled status holders who have been continuously resident for 5 years will benefit from the full automation process. 

However, the Home Office can also ‘manually’ automate an upgrade to settled status once a caseworker has reviewed the tax and benefit data and Home Office travel data. If the combination of this data shows 5 years continuous residence, then the caseworker can manually change the 5-year pre-settled status extension to a grant of settled status. This is still considered an automatic grant of settled status as the person does not need to make an application for settled status. 

Those who cannot be automatically upgraded should make an application to be granted settled status. Alternatively, the Home Office states they will re-run the automatic process at the end of the 5-year pre-settled status extension.

Which pre-settled status holders cannot be automatically upgraded? 

There are some pre-settled status holders who cannot be automatically upgraded under any circumstances (even if they have sufficient National Insurance and travel records). These are: 

• Non-EEA family members (resident in the UK by 31 December 2020)
• Joining family members (of any nationality who arrived in the UK on or after 1 January 2021)
• Children under the age of 18
• Status granted on the basis of ‘derivative rights’
• Those relying on ‘retained rights of residence’

The reason that pre-settled status holders in the above situations cannot be automatically granted settled status, is because the qualifying criteria is more complicated than just assessing if they have been continuously resident in the UK for 5 years. 

For example, to qualify for settled status adult family members must have 5 years of continuous residence sponsored by an EU/EEA/ Swiss citizen. But because the automated process cannot assess if the family relationship that provides the sponsorship has existed for 5 years, it is not possible to automatically upgrade a family member to settled status. Instead, the family member must apply for settled status so that a Home Office caseworker can assess the family relationship with their EU/EEA/Swiss sponsor, as well as confirm the 5 years of continuous residence. 

What should I do if I am not automatically upgraded to settled status?

For pre-settled status holders who do not have 5 continuous years of National Insurance and travel records and / or are in one of the categories who cannot be automatically upgraded to settled status, if you want to be granted settled status you will need to make a manual application. You can read more about applying for settled status in the section How do I apply for settled status or pre-settled status? (note that you are not a late applicant because you already hold pre-settled status). You should also read about the continuous residence rules for pre-settled status holders upgrading to settled status in the section Moving from pre-settled to settled status – Absences. 

As there is no obligation on a pre-settled status holder to apply for settled status, you can continue to rely on your 5-year automatic extension of pre-settled status as evidence of your legal rights in the UK. Based on the current Home Office approach, you would be reassessed under the automatic process near to the end of your pre-settled status extension, at which time you would either be granted settled status or your pre-settled status would be extended again. However, it is possible that the Home Office will change policy in the coming years and therefore, it is recommended to apply for settled status once you qualify, as a grant of settled status provides confirmation of your right to live in the UK on a permanent basis. 

Is it possible to “wrongly” be automatically upgraded to settled status?

It is possible – if quite a rare occurrence – that some pre-settled status holders could be upgraded to settled status, even though they have not been continuously resident in the UK for five years. This could happen if the pre-settled status holder has been making National Insurance contributions in periods when they were not living in the UK (e.g. making PAYE tax contributions through a UK employer but not living in the UK). As the automated process does not ask the pre-settled status holder if they meet the qualifying conditions to be granted settled status before making the grant, there is no way of declining an automatic grant of settled status. As such, pre-settled status holders granted settled status are entitled to rely on this grant even if it seems to be the “wrong” outcome. 

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