The UK government has begun enforcing stricter rules on EU citizens holding post-Brexit residency status, targeting those who are no longer considered to be “continuously” living in the country.
The move focuses on individuals with pre-settled status, granted under the EU Settlement Scheme to those who had lived in the UK for less than five years before Brexit. According to the Home Office, action will initially be taken against those believed to have been absent from the UK for extended periods, particularly over five years.
The policy is permitted under the Brexit Withdrawal Agreement, which allows the UK to withdraw residency rights where eligibility requirements are no longer met. Officials have stated that decisions will be made proportionately and will include safeguards, such as considering valid reasons for long absences.
The Home Office confirmed that the aim of the crackdown is to protect public services and prevent misuse of the immigration system. Currently, around 1.4 million EU citizens remain on pre-settled status out of the 6.2 million who applied under the scheme.
Under existing rules, individuals with settled status can remain outside the UK for up to five continuous years without losing their rights. In contrast, those with pre-settled status must not exceed a total of 30 months’ absence within a five-year period to maintain eligibility.
However, concerns have been raised about how the Home Office will assess absences—particularly its reliance on travel data. Campaign group the3million warned that inaccurate records could lead to wrongful decisions, citing cases where travel data included journeys that were booked but never taken or contained clear inconsistencies.
These concerns have been amplified by previous issues involving data errors. Investigations into Home Office travel records found that return journeys were sometimes not recorded and airline booking data did not always reflect actual travel, raising questions about reliability.
The Independent Monitoring Authority (IMA) has also expressed concern about the implementation of the policy. The body noted that it remains unclear how caseworkers will assess individual cases in practice and has called for robust safeguards to prevent unfair outcomes.
IMA Chief Executive Miranda Biddle acknowledged that the changes could cause stress and uncertainty for affected individuals and confirmed that the authority will closely monitor how the policy is applied.
The Home Office has responded by stating that the majority of pre-settled status holders will not be affected. Only those who have spent less than 30 months in the UK during the most recent five-year period may face losing their status and will be required to provide evidence of continued eligibility.
The rollout of this policy comes amid ongoing scrutiny of how government departments use travel and immigration data, with the National Audit Office currently investigating previous data-related issues.
LawSentis Viewpoint
At LawSentis, this development signals a stricter enforcement phase of the EU Settlement Scheme, with a strong focus on compliance with residence requirements. However, reliance on potentially flawed travel data raises serious concerns about fairness and due process.
EU nationals with pre-settled status should urgently review their residence history and maintain clear evidence of time spent in the UK. Proactive legal advice is now more important than ever to avoid unexpected loss of status.
LawSentis is a UK-based immigration firm regulated by the IAA (Level 3), providing expert guidance on EU Settlement Scheme, residency rights, and complex immigration matters. Contact us today.