The UK Home Office has announced plans to remove pre-settled status under the EU Settlement Scheme (EUSS) from individuals who no longer meet the required UK residence criteria.
The Home Office published a policy paper.
According to the Independent Monitoring Authority (IMA), the policy targets EU, EEA, and Swiss citizens who have not maintained “continuous residence” in the UK.
Alongside this move, the Home Office has expanded the use of automation within the EUSS system. It is now increasing reliance on automated checks-such as tax and benefit records-to confirm eligibility for settled status. Individuals who can demonstrate at least 30 months of UK presence within a 60-month period may be automatically upgraded to settled status.
At the same time, authorities have begun identifying cases where individuals appear to have fallen short of these requirements. Where continuous residence cannot be confirmed, the Home Office may initiate action to remove pre-settled status.
The process will follow two main stages. First, officials will assess tax and benefits data to verify residence. If this is inconclusive, travel history records will be used as a secondary check. Cases will be prioritised based on the length of absence, starting with individuals who have spent extended periods outside the UK.
Before any final decision is made, affected individuals will be contacted and given the opportunity to respond, submit evidence, or explain their absences. In most cases, applicants will have 28 days to reply, with additional flexibility possible for vulnerable individuals.
The Home Office has stated that decisions will be made proportionately and that individuals will have the right to appeal. In some cases, status may be retained where there are valid or mitigating reasons for not meeting the residence requirements.
As of the end of 2025, approximately 1.4 million people still held pre-settled status under the scheme.
The IMA confirmed that, in principle, removing pre-settled status is lawful under the Brexit Withdrawal Agreement and related agreements, provided that individual circumstances are properly considered.
However, concerns remain about how the policy will be implemented in practice. The IMA noted that current guidance lacks detailed instructions for caseworkers, raising uncertainty about how decisions will be made on a case-by-case basis.
IMA Chief Executive Miranda Biddle acknowledged that the changes may create stress and uncertainty for affected individuals and confirmed that the authority will continue to monitor the Home Office’s approach closely.
Anyone experiencing any problems can contact the IMA through its complaints portal here.
LawSentis Viewpoint
At LawSentis, this marks a significant shift towards stricter enforcement within the EU Settlement Scheme, with increased use of automation and data-driven decision-making.
While the policy is legally grounded, the reliance on tax, benefits, and travel data raises concerns about accuracy and fairness. Individuals with pre-settled status should urgently review their residence records and be prepared to respond quickly if contacted by the Home Office.
LawSentis is a UK-based immigration firm regulated by the IAA (Level 3), providing expert advice on EU Settlement Scheme applications, settled status upgrades, and complex immigration matters. Contact us today.