Home Office to remove pre-settled status from some EU citizens who do not meet residency requirements
The Home Office has today announced plans which could lead to some EU and EEA EFTA citizens who have been out of the UK for a lengthy period over the last five years being told that they may lose their Pre-Settled Status (PSS).
*This article was updated on 10 April 2026 to provide additional context.
PSS holders are those who have successfully applied to the EU Settlement Scheme (EUSS) but had not yet met the residency requirements for Settled Status (SS). Those granted PSS can become eligible for SS once they have been resident in the UK for at least 30 of the most recent 60 months. Where they meet the residency and other requirements, the Home Office will convert them to SS if they make an application for it or automatically where it can.
From 9 April, the Home Office intends to start the process of identifying PSS holders who no longer meet the residency requirements. Cases will be identified through the EUSS automated process and by checking against tax, benefit and border data. Those who have been outside the UK for the longest will be reviewed first, starting with those who have been outside the UK for the last five years.
The Home Office says that, before deciding to remove PSS, it will contact individuals to explain that they have 28 days to respond and provide further evidence of their UK residence and the reasons for their absence. It says that an extension of a further 28 days to provide such evidence will usually be given where requested and that it will support vulnerable individuals to provide the necessary evidence.
The Home Office also says that it intends to remove PSS where evidence shows that the holder has ceased to meet the residency requirements and it is proportionate to do so. Any decision to remove PSS will be subject to a right of appeal.
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) position is that, subject to certain safeguards, removal of PSS for ceasing to meet the requirements for that status is lawful under the EU Withdrawal Agreement and the EEA EFTA Separation Agreement. However, the IMA considers it vital that individuals’ circumstances are considered before removal of status.
The IMA therefore welcomes the Home Office applying a proportionality assessment. This means that PSS should only be removed where it is appropriate and necessary for maintaining the integrity of the EUSS.
However, we have expressed concerns about how the guidance will be implemented as it is high-level and it is difficult to know how caseworkers will make individual decisions in practice.
The IMA will seek assurance from the Home Office that the updated guidance is being applied consistently and will consider independent monitoring arrangements to ensure the process and safeguards are operating adequately and effectively.
Miranda Biddle, Chief Executive of the IMA said: “We recognise the concern, stress and uncertainty that this situation may cause for affected citizens.
“We have been engaging with the Home Office to secure assurances about the safeguards it is putting in place and the robustness of its decision-making.
“The IMA will continue to closely monitor how it implements the new guidance.”
If you need further advice or information about issues you may be facing, you can find details of various organisations including charities, citizens’ rights groups and public bodies that may be able to help you here.
If you have experienced any issues, please contact the IMA through our complaints portal. If you have any concerns about absences from the UK and retaining EUSS status, you can share your experience on our your story page.