The more than two million European citizens that after Brexit they didn't know whether or not they could stay in the UK they will be entitled to one automatic extension of the right of temporary residence valid for two years. This was announced by the British interior minister after the government lost the case brought by the Independent Monitoring Authority (IMA), the independent control body that protects citizens' rights.
Residency in the UK for another 2 years: who will obtain an extension of the pre-settle status
The extension concerns citizens who already have the pre-settlement status, that is, the legal immigration status which is granted to European citizens and their family members who are not EU citizens who have not lived in the UK continuously for a period of five years before Brexit. It is the status that allows these individuals to mature the requirements necessary to obtain the settled status, the right to live and work in the UK indefinitely.
In fact, those who had lived in the UK for more than 5 years before Brexit obtained the "settle status" without problems. Those who had been in the UK for less than 5 years were forced to apply for "pre-settled status", which however expires after five years, after which they did not know what would happen.
"The automatic extension of the pre-settled status ensures that many citizens of the EU, EEA and Switzerland and their family members can continue to make their valued contribution to British society without fear of losing their right of abode if they do not reapply,” said Lord Murray, Undersecretary responsible for Immigration and Borders.
The judgment of the British High Court
Rather than a concession, it would be appropriate to speak of an "obligation", given that the decision comes after the cause lost by the government and brought by the Independent Monitoring Authority (IMA), the independent control body that protects citizens' rights. However, the Ministry of the Interior has confirmed that it will respect the judges' sentence, starting immediately to "convert as many permits as possible from temporary to permanent automatically, without the need to apply”.
The IMA, for its part, said it was satisfied, but asked for greater clarity: "We want more details on how the automatic acquisition of the right of permanent residence will take place for those who meet the requirements and on how citizens will be able to demonstrate that they have this right ”.
“We sued because we wanted to make sure that no citizen lost unlawfully the right to reside in the UK -, said Kathryn Chamberlain, chief executive of the IMA -. However, the lack of clarity makes it difficult for us to give certainties to citizens who have pre-settled status, because we cannot judge the measures adopted by the Ministry of the Interior".
