The Home Office has issued a significant update to the EU Settlement Scheme, introducing changes that will benefit many pre settled status holders while also signalling a more enforcement-based approach to cases where individuals appear to have left the UK for an extended period.
A central development is the expansion of the automatic conversion of pre settled status to settled status. The Home Office has moved away from the more technical continuous residence rules and adopted a simpler test based on presence in the UK. Individuals may be automatically upgraded to settled status if they can be shown to have been present in the UK for at least 30 months within the most recent 60 month period. This assessment is carried out through checks against tax and benefit records, and where necessary, travel data.
This change is particularly significant for those who previously believed they had lost their eligibility because of absences exceeding six months in a twelve month period. Under the new approach, some individuals whose leave had lapsed may now meet the 30 month threshold and therefore qualify for settled status, either automatically or through a new application. The shift is intended to reduce uncertainty and ensure that people who have genuinely lived in the UK for a substantial period are not disadvantaged by technicalities.
However, the update also introduces a proactive process for identifying and removing pre settled status from individuals who appear to have ceased residing in the UK. From April 2026, the Home Office will begin reviewing cases where long absences are indicated, starting with those who have been outside the UK for five years. The process involves a two stage assessment, beginning with checks against tax and benefit data and followed, where necessary, by an examination of travel records.
Importantly, removal of status is not automatic. Before any decision is made, individuals will be contacted using the details on their UKVI account and invited to provide evidence of residence or to explain the reasons for their absence. The Home Office must consider whether removal would be proportionate, taking into account personal and family ties to the UK, the reasons for any absences, age, health, vulnerability and the overall impact of the decision. Where removal is deemed disproportionate, the individual will retain their pre settled status and may apply for settled status once they meet the 30 month residence requirement.
Any decision to curtail status will carry a right of appeal.
These changes create both opportunities and risks. Many people who previously assumed they were no longer eligible for settled status may now find that they meet the revised criteria. At the same time, those with long absences should be aware that their status may be reviewed and that they may need to provide evidence to demonstrate their continuing connection to the UK.
If you believe you may now qualify for settled status under the new rules, or if you are concerned that extended absences could affect your pre settled status, this is the right moment to review your circumstances and take a proactive approach to protect your rights.
