EU Settlement Scheme: Home Office confirms process to remove pre-settled status for non-UK residents

The Home Office has announced changes to the EU Settlement Scheme ("EUSS") by introducing a formal process to remove pre-settled status from individuals who no longer meet “continuous residence” requirements.

Background

The EUSS was introduced to allow EU, EEA and Swiss citizens, along with their eligible family members, to continue to live and work in the UK following Brexit. By the end of 2025, the EUSS had provided over 5.8 million such individuals with immigration permission to live in the UK.

Individuals who began their residence in the UK before Brexit and have completed five or more years of continuous residence qualify for settled status (also known as indefinite leave to remain or permanent residence). Individuals who have not completed five years of continuous residence qualify for pre-settled status, which would allow them to apply for settled status once they have completed five years of continuous residence in the UK.

Until July 2025, the continuous residence requirement was satisfied where an individual had not been absent from the UK for more than six months in any 12-month period during the five-year qualifying period. This definition was expanded in July 2025 to provide that continuous residence is also established where the individual has not been absent from the UK for a total of more than 30 months during the most recent five-year period.

At the same time as amending the definition of continuous residence, the Home Office also indicated its intention to introduce a process to cancel pre-settled status where the individual has not maintained continuous residence in the UK. The announcement made earlier this month explains how the Home Office will determine when pre-settled status will be removed in practice.

Removing pre-settled status

The Home Office will now begin removing pre-settled status from individuals who have clearly ceased to maintain continuous residence in the UK (i.e. where they have been absent from the UK for more than 30 months in total in the most recent 60-month period). The Home Office will prioritise reviewing those who have spent very little, or no, time in the UK in the most recent five-year period.

How will the process work?

The Home Office has built a two-stage process.

• First stage: The Home Office will check tax and benefit data to verify an individual’s continuous residence in the UK. Where it can establish eligibility for settled status, it will convert the individual's digital status automatically and the individual will be notified of this.
• Second stage: Where tax and benefit data alone is insufficient to confirm settled status eligibility, the Home Office will check travel data to determine which pre-settled status holders have not maintained continuous residence.

Home Office caseworkers will then decide whether to grant settled status, maintain pre-settled status, or issue a "minded to curtail" notification.

A "minded to curtail" notification will inform the individual that the Home Office is considering cancellation or curtailment of their pre-settled status, and give them the opportunity to provide evidence of UK residence or reasons for their extended absence. Individuals will have 28 calendar days to provide this evidence, with scope to request a further 28-day extension.

Decision to remove pre-settled status

The Home Office will only remove an individual’s pre-settled status where it is proportionate to do so, taking into account the circumstances of any absences and factors such as their age, health or UK integration. Where removal would be disproportionate, the individual will maintain their pre-settled status and can apply for settled status once eligible. There is currently only limited guidance on what “proportionate” means in this case, but it will provide an avenue to challenge borderline decisions. However, the priority should clearly be to avoid any debate on this point and to fall within the clear absence requirements.

Where the Home Office removes pre-settled status, the individual will be informed of the reason for this and will have a right of appeal. If the individual is identified as being outside the UK at the date of the decision, cancellation takes immediate effect before the outcome of any appeal.

Family members

Individuals granted pre-settled status on the basis of being a family member of an EU, EEA or Swiss national who was already residing in the UK before Brexit (referred to as “joining family members”) will not have their residence reviewed through the above process. However, a joining family member's pre-settled status may still be cancelled or curtailed on grounds unrelated to continuous residence – for example, where their EEA sponsor's own status is being cancelled or curtailed.

Conclusion

Pre-settled status holders should take note of this new process and check that the contact details on their UK Visas & Immigration accounts are up to date to ensure they receive notifications from the Home Office. Individuals who have not maintained continuous residence in the UK, or who have received a "minded to curtail" notification, should seek advice promptly and well within the 28-day response window.