Thursday 14 May 2026

Under the EU Settlement Scheme (EUSS), eligible individuals may qualify for settled status if they have lived in the UK for at least five years and their absences from the UK during this time do not exceed the permitted thresholds, typically six months in each 12-month period. Pre-settled status holders may additionally be able to qualify for settled status if they can demonstrate they have resided in the UK for at least 30 months during the most recent 60-month period prior to the date of application.

In 2025, the Home Office introduced a new process to streamline the route to settled status, which entails reviewing the data available on its systems in order to automatically convert pre-settled status to settled status for eligible individuals. This process involves the Home Office using automated checks to assess an individual’s presence in the UK during the last five years. For instance, when an individual has been working in the UK and the relevant data is available to show they have made National Insurance contributions, it may be possible to grant settled status automatically. Where such data is not available for an individual, for instance they have not been working in the UK, the Home Office will instead automatically grant a five-year extension of pre-settled status. Thereafter, individuals can make an application in their own time to upgrade their status and shall be required to provide their own evidence to demonstrate that they meet the requirements. The automation of these systems is now being expanded.

Until recently, the Home Office had only been exercising its power to curtail or cancel pre-settled status in relation to family members, in circumstances where an individual’s status was based on their relationship to an eligible person and that relationship ended, whilst not assessing time spent outside the UK or breaks in continuity of residence. This is now changing.

Changes

Expansion of automated upgrade to settled status

Previously, a pre-settled status holder would have their status converted to settled status if their National Insurance records showed five years of continued residence in the UK based on evidence they had been present in the UK for at least six months in each 12 month period during the qualifying five years. Initially, automated upgrades were only being carried out on individuals who met this residence requirement.

The alternative route to settled status, which requires residing in the UK for at least 30 months in the most recent 60-month period, had not previously been accessible for automated upgrades. The Home Office has now confirmed that the automation will be extended to these cases too and will be able to identify where an individual has 30 months of tax and benefit payments in the last 60 months in order to grant them settled status automatically. This is a positive development, which should mean that many more individuals can benefit from the automatic upgrading process and can avoid having to gather the necessary evidence of residence and submit an application.

It is however of note that the following cohorts still cannot benefit from the automatic conversion from pre-settled to settled status:

• EEA citizens without at least 30 months of tax or benefit records in the last 60 months
• those granted pre-settled status who later obtained another form of UK immigration status
• non-EEA national family members
• joining family members of any nationality
• those under the age of 18
• those with other eligibility requirements (such as those with ‘derivative rights’ of residence)

In the above instances, the Home Office’s previous practice of extending pre-settled status automatically by five years shortly before it expires will continue, or individuals can instead submit settled status applications ‘manually’.

Increased exercise of curtailment and cancellation powers

The Home Office’s new EUSS cancellation and curtailment guidance, first published on 8 April 2026, explains the circumstances in which pre-settled status under the EUSS can be curtailed or cancelled.

The Home Office has announced that it shall have access to more data which will enable it to identify individuals who have broken their continuity of residence and from 9 April 2026, it will begin notifying pre-settled status holders that their status may be removed if they have “clearly ceased to maintain continuous residence in the UK.” It will carry out assessments in a two-stage process. It will firstly check tax, benefit and criminal records to determine whether there is sufficient evidence of residence. If insufficient data is found through these means, it will then proceed to check travel data to assess how much time they have spent outside the UK, reviewing those who have been outside the UK for the longest first. Although those with longer absences will be prioritised, a potential concern with the new policy is that those who are currently in the UK building up a new 30-month residence period, but who have previously broken their continuous residence, may be subject to curtailment before they are able to complete their new residence period.

Where the Home Office considers that continuity of residence has been broken, before being in a position to curtail or cancel, it must consider whether such a decision would be proportionate, an important safeguard embedded in the EU Withdrawal Agreement. Home Office guidance provides a non-exhaustive list of factors that will be considered in a proportionality assessment including age, vulnerabilities, ties to the UK and the particular reasons for any excess absences from the UK. As part of the assessment, it will first contact an individual and ask them to provide evidence of UK residence and/or reasons for their absences from the UK. Individuals will therefore be provided an opportunity to present their case, rather than just receiving a curtailment notice directly.

Where it is ultimately deemed that the removal of pre-settled status would not be proportionate, but the individual does not yet qualify for settled status, they will be able to remain on pre-settled status and apply for settled status at a later date, once they meet the relevant requirements.

If after carrying out a proportionality assessment it is deemed proportionate to curtail or cancel pre-settled status, the individual will be notified and will be given a right of appeal to this decision. Appealing the decision would require individuals to gather ample evidence of their residence and/or reasons for absences within the strict deadlines of the appeal process.

Conclusion

The new policy of increased exercise of curtailment and cancellation has invited criticism and concern due to the inherent reliance on data held by the Home Office and its associated government bodies (such as HMRC, DWP and border force) and the potential inaccuracies of this data. Inaccuracies in the underlying data could separately also result in erroneous grants of status to individuals who may not otherwise be eligible, which may be exacerbated by the further automation of these processes. In view of these potential pitfalls, it is therefore reassuring that the Home Office will also involve human caseworkers in its decision-making and that it has embedded the proportionality safeguard within its assessment process and caseworker guidance.

Individuals who think they may have spent more than five years outside the UK should be alert to the possibility that their status may be subject to curtailment or cancellation in the near future. In these circumstances, it would be advisable to closely monitor their emails and phone messages in case they receive a request for information about their UK residence or absences as this information would need to be provided promptly (normally within 28 days). In the meantime, it may be prudent to begin collating evidence of UK residence and any justifications for such absences where relevant.

Get in touch

Laura Devine Immigration can provide expert legal advice on settled status applications and challenging cancellation and curtailment of pre-settled status notices. You can contact your assigned LDI lawyer or our Enquiries team at enquiries@lauradevine.com, and we will be pleased to discuss how we can help.