United Kingdom: Appeal on EUSS Scheme Legality Dropped; EUSS Applications Still Advised

The UK Home Office has announced that it accepts and will not be appealing a decision of the High Court that decided that those with pre-settled status should automatically be able to access the rights of settled status as soon as they reach five years of qualifying residence even if they had not applied for or secured settled status. However, individuals are still required to make an EU Settlement Scheme (EUSS) application if they wish to secure evidence of such status (which is necessary to prove their right to work in the United Kingdom and practically access benefits without objection). The Home Office stance not to appeal the decision removes uncertainty as to the legal position of those yet to secure evidence of their settled status. As a reminder, following Brexit, EU, European Economic Area and Swiss nationals and their family members (including permanent residents) who were residing in the United Kingdom by December 31, 2021 could apply under the EUSS to prove their work, study or residence rights in the United Kingdom.