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21 December 2022

High Court rules on requirement that makes EU citizens reapply to stay in UK

2 mins

In hugely significant news for EU nationals and their family members resident in the UK with pre-settled status, the High Court has decided today that the requirement to make an application to upgrade from pre-settled to settled status is unlawful.

The immigration rules as they currently stand require people in the UK with pre-settled status to make a new application for settled status before their initial period of leave for five years expires. If they fail to do so, their right to live and work in the UK will be lost.

In very brief summary, what this judgment means is that people who have pre-settled status will automatically acquire the right of permanent residence in the UK when they have lived here continuously for five years without the need for any further application.

The Independent Monitoring Authority which brought this challenge to the rules has said that they understand that the Home Office will seek permission to appeal against the judgment so nothing is yet certain.

People with pre-settled status should continue to apply to update their status when they are eligible to do so, and before their pre-settled status expires.

Congratulations to the Independent Monitoring Authority, and to the 3Million who intervened in this case, for their life-changing work.

Find out more about the successful challenge here.

For more information about our Immigration, Asylum and Nationality team, visit our web page here.

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