Changes to the EU Settlement Scheme mean tenants granted pre-settled status can continue to prove their right to rent easily while landlords will be better able to check their immigration status.

The Home Office has updated pre-settled status extensions from two to five years and will also remove the pre-settled status expiry date from the digital profiles shown to third parties in the online checking services for Right to Rent, Right to Work, and View and Prove.

The changes mean that applicants won’t lose their immigration status if they don’t apply to switch from pre-settled to settled status and follow a High Court judgement brought by the Independent Monitoring Authority for the Citizens’ Rights Agreements.

Right to rent

Alongside this change, landlords, letting agents and employers will not be required to conduct a further right to rent or work check as part of that tenancy agreement or where the individual remains in their employment.  

The EU Settlement Scheme provides a basis for European Economic Area (EEA) and Swiss citizens living in the UK by 31st December 2020, and their eligible family members, to apply for the UK immigration status needed to remain here.

Landlords and letting agents are no longer required to verify a digital certificate of application with the Landlord Checking Service when conducting a right to rent online check involving an outstanding EUSS application made on or after 1st July 2021.

Where an EEA citizen or non-EEA family member started renting from 17th October 2023, and a statutory excuse was established for the duration of that person’s tenancy before 13th February 2024, the document checks set out in the ‘Landlord’s guide to right to rent checks’ continue to apply.

As of 31st December 2023, 5.7 million people had secured their rights in the UK through the scheme, with two million holding pre-settled status and 3.7 million holding settled status.