Important Update to the EU Settlement Scheme (EUSS)
Key takeaways
- The Home Office will proactively remove pre‑settled status from individuals who fail to maintain continuous UK residence.
- Removal reviews will be prioritised by length of absence, beginning with people who have been away for up to five years.
- The updated automated system grants settled status where 30 months of tax or benefit records exist within the most recent 60 months.
- Holders of pre‑settled status must collate UK residence evidence, ensure UKVI contact details are accurate and apply when eligible.
Introduction
The Home Office has announced a significant update to its approach under the EU Settlement Scheme (EUSS), marking a clear shift towards more proactive enforcement.
Active Removal of Pre-Settled Status
From now on, the Home Office will begin actively reviewing and removing pre-settled status from individuals who have not maintained continuous residence in the UK. This represents a move away from the previous, more passive system.
The review process will prioritise individuals who have been outside the UK for the longest periods, starting with those absent for up to five years.
Changes to Automated Checks
The automated system used to assess eligibility has also been updated. Instead of relying on the more complex continuous residence rules under the Withdrawal Agreement, the Home Office will now assess residence based on:
- At least 30 months of UK tax and benefit records
- Within the most recent 60-month period
Where an individual meets the requirements for settled status, the system will automatically upgrade their status without the need for an application.
Who Must Still Apply Manually?
Not everyone will benefit from automatic conversion. The following groups will still need to submit a manual application for settled status:
- Non-EEA family members
- Individuals under the age of 18
- Those without sufficient tax or benefit records
- Safeguards Before Status Removal
Importantly, before any decision to remove pre-settled status is made, individuals will be contacted using their UKVI account details. They will be given an opportunity to:
- Provide evidence of their UK residence, or
- Explain any absences
The Home Office is required to consider proportionality in its decision-making, and any removal decision will carry a right of appeal.
What You Should Do Now
If you hold pre-settled status — or advise those who do — it is important to act promptly:
- Review and gather evidence of UK residence
- Ensure UKVI contact details are accurate and up to date
- Apply for settled status as soon as you become eligible
This update reinforces the importance of maintaining clear records and taking timely action to secure immigration status in the UK.
Need Assistance?
If you have any questions or require advice on your situation, please contact our immigration team at Sterling Law. Our specialists will be happy to assist you.
