EU Settlement Scheme (EUSS) status identified as granted in error: the Home Office policy on allowing pre-settled status (PSS) to expire and on sponsorship of family members
The Home Office has a policy which impacts EUSS status holders in circumstances where the Home Office considers that an EEA citizen or their family member’s EUSS status has been granted in error (“the Policy”). The IMA has received a number of complaints about the Policy from individuals and is also aware of concerns raised by stakeholders.
What does the Policy do?
The Home Office’s EU Settlement Scheme: caseworker guidance explains that where a caseworker believes that EUSS status has been granted in error, they must check an individual’s PSS or settled status (SS). The IMA understands status is being checked by the Home Office in circumstances where:
- An EUSS status holder applies to convert from PSS to SS; or
- A joining family member applies to the EUSS and the sponsor’s status is checked as part of the joining family member application.
Where the Home Office has reason to believe that an individual’s EUSS status was granted in error, it will contact the individual to request information or evidence to demonstrate that they meet the requirements as defined in the Immigration Rules (Appendix EU). If the Home Office is not satisfied with the further information or evidence, it will notify the individual that their status has been granted in error.
The notification will explain that:
- they are not eligible to sponsor a family member’s EUSS application; and
- if they hold PSS, it will not be automatically extended and will expire at the end of its validity.
An individual subject to a Home Office decision to allow their PSS to expire is unable to appeal this decision directly. This is unlike cases where an application is refused or where status is curtailed, which do provide a right of appeal.
The Home Office explains that an EEA citizen, or their family member, who has been granted PSS in error can submit a new application to the EUSS before that status expires. The Home Office will treat this as an ‘in-time’ application. This may apply in situations where:
- the individual has been informed that their PSS will not be automatically extended, and they dispute the claim that it was granted in error; or
- the individual acknowledges that their PSS was granted incorrectly and wishes to apply on a different basis.
If an EEA citizen, or their family member, does not apply before their PSS expires, they may still submit a late application. However, they must demonstrate that there are reasonable grounds for the delay in applying.
If the individual’s new application to the EUSS is refused, they can then appeal that refusal decision.
IMA Comment
The Home Office first published caseworker guidance on the Policy on 11 November 2025. The IMA wrote to the Home Office in December 2025 to understand the extent and application of the Policy. The Home Office explained the Policy has been in existence since 2023.
The IMA has raised concerns with the Home Office that the Policy may be incompatible with the EU Withdrawal Agreement and the EEA EFTA Separation Agreement (the Agreements). Specifically:
- Article 13(4) Withdrawal Agreement (Article 12(4) Separation Agreement) prevents the UK from imposing any limitations or conditions for obtaining, retaining or losing residence rights for individuals exercising residence rights under the Agreements, other than those provided for by them. This means that removing such an individual’s EUSS status can only be done in line with what the Agreements say. This was confirmed in the IMA Judicial Review.
- Article 21 Withdrawal Agreement (Article 20 Separation Agreement) provides that any decision to restrict the residence rights of those persons referred to within Article 10 Withdrawal Agreement (Article 9 Separation Agreement) must be taken in accordance with applicable safeguards and a right of appeal.
The IMA has highlighted the risk that EEA citizens and their family members protected by the Agreements, who may be incorrectly identified as granted EUSS status in error by the Home Office, will consequently lose residence rights. The IMA is also concerned that Home Office decisions on cases granted EUSS status in error do not provide individuals with a clear and direct right of appeal.
The IMA is keen to understand the nature of the ‘errors’ identified under the Policy, to ensure that discretionary decisions made by caseworkers to accept evidence provided or assertions made at the time of the original application are not being revisited. The Home Office told us that the Policy is not intended to lead to discretionary decisions being revisited. The IMA has approached the Home Office to provide a clear explanation of the nature and range of cases being considered under the Policy.
We await further details and will provide further updates once more information is available.
Any citizen experiencing difficulties in exercising their rights is encouraged to report a complaint through the IMA Portal.
Further information about the IMA and guidance on how to report a complaint can also be found on the Website.