The Home Office have started automatically converting some pre-settled status holders to settled status, without the need for an application – although not everyone will get an automatic upgrade…
In an email sent to EU Settlement Scheme (EUSS) status holders and their legal advisers in January 2026, the Home Office have confirmed that they are in the process of automatically converting pre-settled status holders to settled status.
To assess whether pre-settled status holders are eligible for settled status, the Home Office are checking UK tax and benefit records to help determine whether the individual in question meets residence requirements.
As it stands, you will be automatically granted settled status, without the need to make an application, if:
- you are an EEA or Swiss citizen;
- you were resident in the UK by 11pm on 31 December 2020; and
- your UK tax and benefit records show that you have lived in the UK for 5 years, with absences of less than 6 months total in any 12-month period.
However, the residence requirements for settled status have recently been simplified, and pre-settled status holders are now eligible for settled status provided that they arrived in the UK at least 5 years ago and have been residence in the UK for at least 30 months in the 5 years before they apply for settled status.
The Home Office have said that they are planning to update their systems in early 2026, so that those who are eligible under the new requirements will also start to be automatically granted settled status (provided that their UK tax and benefit records reflect their eligibility).
Not everyone will be granted settled status automatically, however. The Home Office have said that you will need to apply for settled status if you:
- have not paid UK tax or received benefits for at least 30 months in the past 5 years;
- are a family member who is not from the EEA or Switzerland;
- are a joining family member who began residence in the UK after 31 December 2020;
- are under 18 years of age; or
- have other eligibility requirements, such as derivative rights.
Therefore, if you are non-EEA family member or have been out of work recently, it is likely that you will not be granted settled status automatically. We would recommend that people in this position apply for settled status to secure their permanent right of residence in the UK.
If you are unsure about your position or would like any support with preparing or submitting your settled status application, please do get in touch at [email protected]
