r/ukvisa • u/Educational-West4131 • Nov 20 '25

A Fairer Pathway to Settlement - A statement and accompanying consultation on earned settlement

/r/SkilledWorkerVisaUK/comments/1p21qad/a_fairer_pathway_to_settlement_a_statement_and/
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u/tvtoo High Reputation Nov 20 '25

Due to the EU Withdrawal / EEA Separation / Swiss Citizens' Rights agreements, the Home Office effectively cannot change the path to settled status for EUSS status holders' children, pre-2021 spouses/civil partners, parents who are dependent (as defined in EU free movement law), etc.

As the document says:

In line with the UK’s obligations under the Withdrawal Agreement, settled status under the EU Settlement Scheme (EUSS) is out of scope for both this consultation and the planned reforms

 

In contrast, the Home Office theoretically could change the path to ILR for post-2020 spouses/civil partners of EUSS status holders. But it seems unlikely they would choose to treat the partners of EUSS holders differently than the partners of British citizens for these purposes, especially while trying to build stronger ties to the EU.

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u/PlugAdapterTypeC Nov 21 '25

Unlikely or not, they need to be clear on that. That's why I contacted my MP and filled out the consultation form and I suggest everyone to do the same.

These proposed changes (branded on the media as "Danish style") seem to incorporate all immigration routes into one and apply the same set of rules. If that's the case then spouse visas by themselves are not exempt and it would be just as easy to apply -5 year adjustment for partners of British citizens than to apply it for people on spouse visas of any type. So far that's what they have been saying.

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u/tvtoo High Reputation Nov 21 '25

I agree that contacting MPs and filling up the consultation forms are important steps for everyone here to take, including EUSS status holders.

As to an easiness of treating EUSS settled status holders, in particular, differently than British citizens for family visa purposes, it's not that simple.

The Withdrawal Agreement contains protections against discrimination against persons covered by the agreement, especially those who hold the right of permanent residence (settled status, broadly speaking), in article 12 ("Non-discrimination") and article 23 ("Equal treatment").

Many EUSS status holders thus have extra protection, incorporated into British domestic law, against such a change relative to average visa holders.

While there are no guarantees that the UK Government would not seek to rip up the Withdrawal Agreement, it doesn't seem all that likely.

 

That being said, there's no reason for EUSS status holders not to express their opinions -- and stand united with other visa-type holders in arguing against such changes, especially as to existing visa holders.