The EU Settlement Scheme (EUSS) has been a critical pathway for EU nationals and their families to secure their residency status in the UK post-Brexit. Initially, those granted pre-settled status under the EU Settlement Scheme were given permission to stay for five years, with the option to upgrade to settled status if they met the necessary criteria. This posed a risk of individuals becoming unlawfully resident if they failed to apply for further status before their pre-settled status expired.
Thankfully, there have been significant positive developments. Pre-settled status now no longer expires and will be automatically extended. The Home Office originally announced a two-year extension, but this has now been increased to five years. Despite the simplicity suggested by this automatic extension, it has led to confusion, especially among family members of EEA nationals.
Retained Rights and Curtailments
The automatic extension of pre-settled status does not change the underlying eligibility requirements. According to paragraph EU4 of Appendix EU, individuals must continue to meet the original eligibility requirements or other eligibility criteria outlined in paragraph EU14. Under Annex 3 of Appendix EU, permission can be curtailed if the individual ceases to meet, or never met, the requirements of the Appendix.
As more individuals approach the end of their initial five-year pre-settled status period, there have been cases where the Home Office issues ‘minded to curtail’ notifications. These often target non-EEA nationals who were granted pre-settled status due to their relationship with an EEA family member, which may have since changed, such as through relationship breakdowns.
In these situations, individuals may have a retained right of residence depending on their circumstances. They are not required to notify the Home Office of changes in their relationship with the EEA national, nor do they need to apply to vary their status as long as they continue to meet the original or other eligibility requirements.
Understand the ‘Minded to Curtail’ Notification
Receiving a ‘minded to curtail’ notification can be a shock, particularly when it follows an automatic extension. The notification typically allows only 14 days to respond and provide evidence that their limited leave to remain should not be curtailed. This short timeframe can be highly stressful, requiring individuals to gather extensive documentation across their five years of residence.
Why Instruct Our Leading London Immigration Law Firm?
Given the complexity and urgency of responding to a ‘minded to curtail’ notification, it is crucial to present the strongest possible case. This is where DJF Lexvisa Solicitors excels. Our expertise in the EU Settlement Scheme ensures that we can effectively prepare and submit applications, increasing the likelihood of a successful outcome. We understand the nuances of the EUSS and can provide tailored advice and support, making sure all necessary documents are compiled accurately and promptly.
What Should You Do?
For individuals who have received an automatic extension but fall under the retained rights provisions, it is advisable to consider making an application to vary their leave or to apply for settled status if eligible. This proactive approach can mitigate the risk of receiving a ‘minded to curtail’ notification, which places individuals in a vulnerable position with a tight deadline for response.
Conclusion
The EU Settlement Scheme’s automatic extension is a positive development, but it is not without complications. Particularly for those whose circumstances have changed, such as family members of EEA nationals, the risk of curtailment remains. To navigate these complexities and ensure your rights are protected, it is essential to seek professional legal advice.
DJF Lexvisa Solicitors is dedicated to assisting clients with their EU Settlement Scheme applications. By instructing our firm, you benefit from our extensive experience and thorough understanding of the EUSS, ensuring your application is prepared and submitted effectively. Don’t leave your status to chance,Contact DJF Lexvisa solicitors today for your free consultation or call us on 02030110276 —secure your future in the UK with our expert legal support.