On 9 April 2026, the Home Office published a policy paper announcing two significant changes to how the EU Settlement Scheme (EUSS) is administered. The first is an expansion of automated grants of settled status, and the second – for the first time – is a formal, systematic process for removing pre-settled status from those who no longer meet the residency requirements. With around 1.4 million people still holding pre-settled status as of the end of 2025, these developments are highly relevant to a large part of the UK’s EEA and Swiss population.
What settled status under the EU Settlement Scheme actually means
Settled status is granted to applicants who can demonstrate five years of continuous residence in the UK, the Channel Islands, or the Isle of Man. As a general rule, you must have begun living in the UK by 31 December 2020, unless you are a joining family member. If you hold settled status, you are entitled to remain in the UK indefinitely. You can also spend up to five consecutive years outside the UK without losing your settled status – though Swiss citizens should note this window is reduced to four years.
How the Home Office is simplifying the move from pre-settled to settled status
The Home Office has updated its automated systems to make it easier for pre-settled status holders to be upgraded to settled status without needing to submit a separate application. The key change centres on a residence check that looks for 30 months of tax and benefit payments within the most recent 60-month period.
This “30 in 60” rule, introduced in July 2025, was designed to replace the more complex residency requirements previously set out in the Withdrawal Agreement, which generally required individuals to show they had not been absent from the UK for more than six months in any 12-month period over five years. Where the Home Office’s own data confirms an individual meets the 30-in-60 threshold, the conversion to settled status will happen automatically.
Not everyone qualifies for this automated route, however. The system currently cannot process EEA citizens without a 30-month history of tax or benefit data, non-EEA national family members, joining family members, or individuals under the age of 18. Those with derivative rights or who have obtained another form of UK immigration status must still apply through the standard routes. Anyone who cannot be converted automatically will have their pre-settled status extended by a further five years to protect their lawful status in the UK.
How the Home Office is now removing pre-settled status from those who have left the UK
For the first time, the Home Office has announced and begun implementing a systematic process for cancelling pre-settled status where an individual no longer meets the continuous residence requirements. This process uses a two-stage check. The first stage examines tax and benefit records to verify UK residence. The second stage uses Home Office travel data to identify extended periods spent outside the UK. At present, the department is prioritising cases where individuals have been outside the UK for five years or more.
What safeguards are in place before pre-settled status is removed
The Home Office has committed to ensuring that status is only removed where it is proportionate to do so. Before any final decision is made, individuals will be contacted via the email address and telephone number linked to their UKVI account. They are given a standard 28-day window to respond and provide evidence of UK residence or to explain any absences. A further 28-day extension is usually available on request, and additional support is provided for vulnerable individuals.
When assessing proportionality, decision-makers are required to weigh a range of personal factors, including:
- Age and state of health
- Any vulnerabilities, such as disabilities, homelessness, or experience of domestic abuse
- Whether the individual can reasonably be considered resident in the UK
- The length and proportion of their life spent in the UK
- Family ties in the UK, including whether dependent children will be affected
- Ties to their home country
- Work, study, and private life connections
- Any compelling compassionate circumstances
- Economic situation and level of integration
How to apply for settled status if you are not eligible for automatic conversion
If you or a family member are not eligible for the automated grant, you can still apply for settled status manually. To qualify, you will generally need to show that you are a relevant EEA citizen, a qualifying family member, or hold a derivative or Zambrano right to reside – and that you began living in the UK by 31 December 2020. You must also demonstrate five years of continuous qualifying residence.
Continuous residence is generally shown by proving you have lived in the UK for at least six months in every 12-month period across a consecutive five-year period. Since July 2025, the alternative 30-in-60 months rule is also available to pre-settled status holders applying manually.
Certain absences will not break your continuous qualifying period, including:
- A single period of up to 12 months for a serious reason, such as childbirth, illness, study, vocational training, or an overseas work posting
- Any period of compulsory military service
- Time abroad as a Crown servant or as the family member of one
- Time abroad in the armed forces or as the family member of someone serving
The Home Office has also published concessions for absences caused by the COVID-19 pandemic.
How Lawsentis can help you with your EU Settlement Scheme application
At Lawsentis, we understand that immigration matters can feel overwhelming – particularly when the rules are changing. Whether you are concerned about an automated conversion, worried your pre-settled status may be at risk, or simply unsure whether you qualify for settled status, we are here to guide you every step of the way.
Lawsentis is regulated by the Immigration Advice Authority (IAA) at Level 3, meaning we are fully authorised to provide expert immigration advice and assistance on complex casework, including EUSS applications and appeals. Our team can help you to:
- Understand whether you qualify for settled status and which route applies to you
- Gather and present the evidence needed to support your application
- Respond to the Home Office if your pre-settled status is being reviewed or threatened
- Represent your interests if you need to challenge a cancellation decision
- Navigate the proportionality assessment process if you have spent significant time outside the UK
If you or a family member have received correspondence from the Home Office about your immigration status, or if you are unsure where you stand under the new rules, please do not delay in seeking advice. Early action can make a significant difference to the outcome of your case.
Contact Lawsentis today to speak with one of our IAA-regulated advisers and find out how we can help you secure your right to remain in the UK.