The Home Office has simplified the process for automatically granting settled status under the EU Settlement Scheme (EUSS). However, the Home Office has also started a process of removing pre-settled status for individuals who have not maintained continuous residence in the UK. In this article we examine the impact of these changes and set out our recommendations for pre-settled status holders and employers. 

Background

In a policy paper published on 9 April 2026, the Home Office announced two important updates to the EUSS: 

• The expansion of automated settled status consideration; and
• A new process for removing (cancelling or curtailing) pre-settled status for individuals who no longer meet the continuous residence requirements.

How has the automated settled status process changed?

The rules for continuous residence were simplified from 16 July 2025 by the introduction of the '30 in 60-month rule'. Under this rule, you will meet the residence requirement if you can demonstrate that you have been present in the UK for at least 30 months in total within the most recent 60-month period before you apply for settled status.

From 9 April 2026, the consideration process for automated settled status has been updated administratively to incorporate the 30 in 60-month rule. 

If the Home Office is able to confirm at least 30 months of residence within the last 60 months using existing government-held information, and there is no other reason (such as conduct) to refuse, you will automatically be granted settled status without having to make any formal application.

For further information about the automated settled status consideration process, including who is (and isn't) eligible and why we'd still recommend making a formal application as soon as eligible, see our earlier article here.

What if you previously stayed outside the UK for more than 2 years continuously?

Pre-settled status holders who stayed outside the UK for more than 2 continuous years before 21 May 2024 will have had their status lapse. The policy paper provides a welcome confirmation that those people will not be excluded from settlement if this has happened.

Note however, that pre-settled status will still lapse if you are a Swiss citizen or family member and you stay outside the UK for a continuous period of more than 4 years; or 5 years if you are an EEA citizen or family member. If your pre-settled status lapses, it would no longer exist and you would need to obtain alternative UK immigration permission.

What is the new procedure for removing pre-settled status?

Since 9 April 2026, the Home Office has started the process of removing pre-settled status for individuals who it considers have 'clearly ceased' to maintain continuous residence in the UK, starting with those who have been outside the UK for 5 years or more.

There is a two-stage process for confirming continuous residence:

1. Checking tax and benefit data; and
2. Checking Home Office travel data.

If your eligibility for settled status can't be established through the above checks, the Home Office will consider removing your pre-settled status. 

What safeguards are in place?

Before deciding to remove pre-settled status, the Home Office will contact you through the email address and phone number associated with your UKVI account. 

You would then be given the opportunity to respond and provide evidence of UK residence or reasons for your absence from the UK. The standard period for doing this is 21 days, but an extension may be granted on request.

Pre-settled status will only be removed where the Home Office considers it proportionate to do so. 

According to Home Office guidance, when considering whether it is proportionate to proceed with a decision to remove status, caseworkers must take into account:

• Your age;
• Your health;
• Any vulnerabilities, e.g. having a disability, being homeless or being a victim of domestic abuse;
• Whether you can reasonably be regarded as resident in the UK;
• How long you've lived in the UK overall and as a proportion of your lifetime;
• Your reasons for being outside the UK;
• The amount of excess time breaking continuous residence;
• Any reasons you didn't return to the UK earlier;
• Your ties to the UK and your home country;
• Your economic situation;
• Your integration in the UK; and
• Any compelling or compassionate circumstances.

If the Home Office accepts it would be disproportionate to remove your pre-settled status, you would be notified of this by email. 

If pre-settled status is removed, there is an opportunity to appeal the decision.

What can I be doing now?

If you are a pre-settled status holder:

• Ensure your UKVI account shows your current passport or national ID document and your up-to-date contact details (not the contact details of a third party, such as a representative);
• Monitor your email account for correspondence from the Home Office;
• If you are eligible, consider making a formal settled status application, especially if you expect that government-held data won't lead to an automated grant;
• If you are not eligible, consider proactively gathering evidence to support an argument that removal of status would be disproportionate; and
• Consider seeking specialist immigration advice if you have any concerns that your pre-settled status may be removed, or you are concerned your status may have lapsed. 

If you are an employer:

• Be aware that your staff who are pre-settled status holders may be contacted by the Home Office and familiarise yourself with the process outlined above;
• Consider recommending that relevant, eligible staff make a formal application for settled status or gather evidence to support an argument that removal of status would be disproportionate; and
• Consider what signposting or direct support your business may be able to provide for potentially affected individuals.

Need more help?

If you have any queries about these developments or need specific advice for yourself or your business, please contact a member of our Immigration team.