In 2024, the UK government introduced the Immigration (Leave to Enter and Remain) (Amendment) Order 2024, amending the Immigration (Leave to Enter and Remain) Order 2000. This amendment aims to address inconsistencies identified by the Independent Monitoring Authority for the Citizens’ Rights Agreements concerning the EU Settlement Scheme (EUSS). The changes are significant for holders of pre-settled status and those planning extended absences from the UK.

Key Changes Under the 2024 Amendment

1. Extended Absence Period for EUSS Leave Holders

Previously, individuals with pre-settled status under the EUSS risked losing their leave if absent from the UK for more than two years. The 2024 amendment extends this absence period to five years for all EUSS leave holders, and four years for Swiss citizens and their family members. This change provides greater flexibility for those needing to be outside the UK for extended periods without jeopardizing their immigration status.

2. Alignment with High Court Ruling

The amendment aligns the Immigration (Leave to Enter and Remain) Order 2000 with a High Court judgment that found discrepancies in the application of the EUSS. By implementing these changes, the government ensures consistency and fairness in the treatment of EUSS applicants and their rights under the Citizens’ Rights Agreements.

3. Impact on Future Applications

For individuals holding pre-settled status, this amendment offers a clearer pathway to obtaining settled status. It reduces the risk of losing accumulated residence time due to temporary absences, thereby supporting applicants in meeting the continuous residence requirement for settled status.

Practical Implications for EUSS Applicants

• Travel Plans: EUSS leave holders planning extended travel outside the UK should be aware of the new five-year absence limit to maintain their immigration status.

• Settled Status Applications: The extended absence period may assist applicants in meeting the continuous residence requirement for settled status.

• Legal Advice: Individuals uncertain about how the amendment affects their specific circumstances should seek professional legal advice to navigate the changes effectively.    

The Immigration (Leave to Enter and Remain) (Amendment) Order 2024 represents a significant development in UK immigration law, particularly for EUSS applicants. By extending the absence period and aligning with judicial findings, the amendment provides greater security and clarity for individuals seeking to maintain their immigration status.

If you need assistance understanding how these changes affect your situation or require guidance on applying for settled status, Falcon Solicitors are here to help. Our experienced immigration team offers clear, practical advice tailored to your needs. Contact us at +44 1753 577071 or email admin@falconsolicitors.com to schedule a consultation.