Policy paper

Home Office implementation of the judgment in R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022]

Published 16 January 2025

Findings of the High Court judgment

In R (Independent Monitoring Authority for the Citizens’ Rights Agreements) v Secretary of State for the Home Department [2022] EWHC 3274 (Admin), first, the court found that a person’s pre-permanent residence rights under the Agreements^{[footnote 1]}, cannot expire. Rather, these rights continue for as long as the person satisfies the conditions of residence set out in the Agreements.

Secondly, the court found that where a person with pre-permanent residence rights has satisfied the conditions for a right of permanent residence under the Agreements, they benefit from that right automatically, even if they have not applied for or been granted settled status.

Implementing the first part of the judgment

Pre-permanent residence rights are conferred in the UK through a grant of pre-settled status under the EU Settlement Scheme (EUSS). To comply with the judgment, the Home Office has ensured that pre-settled status does not expire even where the individual has not made a further application to the EUSS. However, pre-settled status can be cancelled or curtailed where the holder no longer satisfies, or has never satisfied, the conditions of residence set out in the Agreements.

Since September 2023, the Home Office has been extending the pre-settled status of those who have not yet switched to settled status shortly before the expiry date of their pre-settled status grant.  This ensures that any underlying residence right continues to be recognised. 

The Home Office will continue to extend a person’s pre-settled status unless and until a person has either obtained settled status or British citizenship or a decision has been made to cancel or curtail that status.  A pre-settled status extension is not confirmation that the status holder continues to meet the eligibility requirements.

The Home Office has also removed the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Work and Right to Rent and through the ‘View and Prove’ service by which a person can evidence their immigration status to third parties.  In addition, employers, landlords and letting agents are no longer required to conduct follow-up right to work or rent checks where the individual remains in that employment or tenancy. 

Implementing the second part of the judgment

A person with pre-settled status may, in certain circumstances, have acquired a right of permanent residence under the Agreements. A person with pre-settled status may acquire a right of permanent residence in the UK if they, amongst other things, are an EU or EEA EFTA^{[footnote 2]} citizen who was living in the UK by 31 December 2020 and have been continuously resident in the UK for at least five years as a:

• worker;
• self-employed person;
• self-sufficient person;
• student; or
• job seeker (for a defined period only)

A person who has met the relevant criteria is referred to as a ‘qualified person’. A family member^{[footnote 3]} of a qualified person, where that family member holds pre-settled status, may also acquire a right of permanent residence if they meet the criteria, which usually means if they have been continuously resident in the UK with the qualified person for at least five years and the qualified person has fulfilled the relevant criteria throughout that time.

If a person with pre-settled status believes they have acquired a right of permanent residence and wishes to rely on that right, they will need to provide evidence that they have resided in the UK for the requisite period of time as a qualified person or the family member of a qualified person.  Further information on how a person can be assessed to be a qualified person, and the evidence required, is available here: European Economic Area nationals qualified persons (publishing.service.gov.uk).

Swiss citizens, and other pre-settled status holders who have not met the ‘qualified persons’ requirements, cannot obtain a right of permanent residence under the Agreements but may still be eligible for settled status.

Beyond this, the Home Office is introducing a process to convert eligible pre-settled status holders to settled status where possible, without the need for them to make a further application to the scheme. This reduces the burden on individuals and ensures, where possible, a person’s immigration status reflects their underlying rights. Pre-settled status holders can continue to make a manual application for settled status as soon as they become eligible, should they wish to do so.

Obtaining settled status remains the easiest way for a person to prove their right to remain in the UK indefinitely.  Our overarching aim is to ensure that all those eligible for settled status obtain it as soon as possible.

Home Office

16 January 2025

1. The Withdrawal Agreement and EEA EFTA Separation Agreement. Swiss citizens and their family members relying on the UK/Swiss Citizens’ Rights Agreement cannot automatically acquire a right of permanent residence. ↩

2. An EEA EFTA citizen is a citizen of Iceland, Liechtenstein or Norway. ↩

3. A spouse, civil partner, child or grandchild under the age of 21 or dependent on the qualified person (including children/grandchildren of the spouse or partner) and a dependent parent or grandparent (and those of the spouse or partner). ↩