FAQ

Should I apply for settled status in light of the IMA case against the Home Office which says the EU Settlement Scheme is unlawful?

Yes, we strongly encourage anyone with pre-settled status to make an application for settled status as soon as they are eligible to do so.

Although the Home Office have stated that they will try to automatically upgrade some pre-settled status holders to settled status, this will not be until some time in 2024. We have created a Q&A document, with a detailed list of questions that will hopefully answer questions you may have. The document is available here.

There is also a complication because the judgment only affects those pre-settled status holders who are beneficiaries of the Withdrawal Agreement. Because the EU Settlement Scheme covers more people than just those who are in ‘scope’ of the Withdrawal Agreement, the Home Office could say that not all pre-settled status holders fall within scope of this judgment and therefore any changes made only apply to those within scope. 

But importantly, people who can qualify for settled status should apply to give themselves proof of permanent status which makes life so much easier. For example, having proof of settled status makes it easier to apply for benefits, or for British citizenship. It makes it easier to prove that people can be out of the UK for five years (or four years for Swiss citizens) without losing their status. 

As the judge observed in the High Court judgment, he could “see no reason why the defendant should not continue to encourage those who have been granted pre-settled status to apply for indefinite leave to remain.”

For more information, see  our FAQ ‘When should I apply for settled status if I already have pre-settled status?’

For more details on the case, see our FAQ ‘I saw that the IMA won a court case against the Home Office about pre-settled status holders. What are the consequences of this case?’