New rules grant UK Border Force officers the authority to revoke pre-settled status for European Union (EU) citizens and their family members if they do not meet eligibility requirements.
This change, implemented on July 15th, 2024, marks a significant shift in the UK’s approach to managing immigration post-Brexit.
Stricter checks at UK borders
The UK government has introduced stricter controls for individuals with pre-settled status under the EU Settlement Scheme (EUSS).
Border Force officers now have the authority to cancel pre-settled status if they determine that an individual no longer meets or never met the scheme’s requirements.
These new measures require pre-settled status holders to continuously fulfill the eligibility criteria they met when initially applying for their status.
Alternatively, they must meet other requirements under the EUSS to maintain their status.
Border Force officers will carefully check to make sure they still meet the requirements for pre-settled. They will look closely at each travelers’ situation to confirm their ongoing eligibility.
Scenarios leading to status cancellation
The guidance provided to Border Force officers outlines several scenarios where an individual may lose their pre-settled status:
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Failure to maintain continuous residence: If a person has not lived in the UK, Channel Islands, or Isle of Man for at least six months in every 12-month period, they may lose their status.
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Changes in family relationships: Non-European Economic Area (EEA) nationals whose marriages or civil partnerships have ended might lose their right to stay unless they have secured a retained right of residence or meet other eligibility criteria.
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Loss of derivative residence rights: Individuals who no longer fit the definition of a “person with a derivative right to reside” may face status cancellation.
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Zambrano right to reside: Those who no longer meet the criteria for a “person with a Zambrano right to reside” could lose their pre-settled status.
(Image courtesy of Partonez via Wikimedia Commons)
Proportionality and individual circumstances
The new guidance emphasizes the importance of considering individual circumstances.
Border Force officers are instructed to weigh the proportionality of canceling pre-settled status based on a person's current situation and eligibility.
Officers need to check if the person qualifies under any other criteria or has permanent residence rights under the Withdrawal Agreement before making a final decision.
The representative from Settled, a charity, explained that holders with pre-settled status need to keep meeting the same eligibility requirements they did when they first applied.
If they cannot meet those, they will need to meet another set of requirements under the EU Settlement Scheme (EUSS) to keep their status.
How the rules shift for visitors
These new rules primarily affect EU citizens and their family members who have pre-settled status in the UK.
However, they also have implications for short-term visitors and those considering longer stays.
Short-term visitors from the EU should be aware that their entry into the UK may face closer scrutiny.
While these changes do not directly impact tourist visits, they signal a broader trend of tighter immigration control.
For those thinking about staying longer or applying for pre-settled status, these rules highlight how crucial it is to keep a continuous residence and meet the eligibility requirements during an entire stay.
It is worth noting that these changes come as the EU prepares to launch the European Travel Information and Authorization System (ETIAS).
While ETIAS will not apply to travel to the UK, it highlights the evolving landscape of travel requirements between the UK and EU countries.
(Image courtesy of Naveen Annam via Pexels)
EU nations rethinking welcome mats
The UK’s stricter approach to pre-settled status may prompt EU countries to reassess their own immigration policies, particularly regarding UK citizens residing in the EU.
EU member states might consider implementing similar measures to ensure reciprocity in immigration rules.
This could lead to a broader trend of more stringent residency requirements and status checks across Europe.
Additionally, these changes may influence EU-UK negotiations on future mobility agreements.
The EU might push for clearer protections for its citizens in the UK, potentially leading to more comprehensive bilateral agreements on residency rights.
The future of UK-EU movement
As the UK continues to refine its post-Brexit immigration system, EU citizens with pre-settled status must stay informed about their rights and responsibilities.
Regular communication with UK authorities and careful adherence to residency requirements will be crucial for maintaining their status.
For prospective migrants and visitors, these changes highlight the need for thorough preparation and understanding of UK immigration rules before travel.
As the UK and EU update their border control processes, travelers should be ready for more thorough checks and need to be prepared to prove they are eligible to enter or stay in the country.
The coming years will likely see further adjustments to immigration policies on both sides of the Channel.
As these systems evolve, clear communication between governments and affected individuals will be essential to ensure fair and effective implementation of new rules.