Key changes to the EUSS on automatic conversions and curtailment

On 9 April 2026, the Home Office released a significant update to the EU Settlement Scheme (EUSS) on automatic extensions and conversions, confirming they will begin removing pre‑settled status from individuals who they believe are no longer maintaining continuous residence.

Automatic extensions or removal of pre-settled status

The Home Office began issuing automatic extensions to pre-settled status holders in late 2023, which was a very welcome development. However, there has since been uncertainty as to the status of individuals with significant absences, and whether curtailment action would be taken.

We have seen very little curtailment and cancellation action taken by the Home Office Status Review Unit (SRU) against individuals with pre-settled status who may not have maintained their continuous residence, but it is clear this is now set to change.

The update on 9 April 2026 confirms that the Home Office has improved its automated systems to check for 30 months of tax and benefit payments within the last 60 months, in order to confirm residence. They expect this will increase the number of automatic grants of settled status, but this update also confirms the Home Office will begin removing pre-settled status from those they believe have not maintained continuous residence in the UK.

Which groups will not receive an automatic conversion to settled status?

Not everyone with pre-settled status will be granted an automatic conversion to settled status. These groups are confirmed to be the following:

• EEA citizens who have not been paying tax or receiving benefits for at least 30 months in the last 60 months
• those granted pre-settled status who later obtained another UK immigration status
• non-EEA national family members
• joining family members of any nationality
• those under the age of 18
• those with other eligibility requirements (such as those with ‘derivative rights’)

These individuals will not be granted an automatic conversion to settled status, but should still receive an extension of pre-settled status of five years.

It is important to note that individuals in these groups should still apply for settled status as soon as they meet the requirements.

The new two-stage checks

The Home Office has established a ‘two-stage integrated process’ to identify individuals who have not maintained continuous residence. This is as follows:

• First checks: against tax and benefit data to verify a person’s continuous residence in the UK, as well as reviewing any evidence of criminal conduct. Where the Home Office can establish eligibility for settled status, the person’s digital status will be converted automatically to settled status.
• Second checks: where the Home Office is unable to confirm eligibility for settled status, checks will be made using Home Office travel data to help determine which pre-settled status holders have not maintained continuous residence in the UK.

The Home Office has confirmed that they will start with individuals who they believe have been outside the UK the longest.

The process of curtailing permission due to absences

The Home Office will contact individuals by email address and contact number on their UKVI account to allow an opportunity to provide evidence and reasons for their absence, before making a decision to remove a person’s status. It is, therefore, important that contact details held on the UKVI account are up to date.

The Home Office EU Settlement Scheme: cancellation and curtailment guidance provides more details on the process that should be followed.

Where a person appears to no longer meet the requirements of Appendix EU due to absences, a caseworker will decide whether it is appropriate to issue a ‘minded to curtail’ notification to the individual. This will include a request to provide information and evidence demonstrating they are eligible for settled status via a link provided. Individuals will have 28 calendar days to provide their evidence.

The caseworker will then make a decision based on the information and evidence provided, or they may request further information. If there is no response from an individual, they will review the case for any evidence of vulnerability, and if so, they may place the case on hold.

Proportionality exercise and appeal rights

The Home Office is required to assess whether it is proportionate to curtail a person’s permission in each and every case. This means that caseworkers must balance the individual’s circumstances with the aim of maintaining effective immigration control.

The guidance states that caseworkers must firstly consider the circumstances, severity and weight of the individual’s conduct. If they are then satisfied that curtailment is warranted, they will then consider ‘any other relevant factors which would affect the impact of a curtailment or cancellation decision on the individual, such as age, state of health or integration’. The list of factors in the guidance is not exhaustive, meaning caseworkers can consider other compelling or compassionate circumstances.

If the caseworker decides to curtail or cancel a person’s permission, a right of appeal will be granted.

Key concerns

The implementation of a standardised process for identifying and curtailing permission due to absences does raise a number of concerns. There are individuals who may not have tax or benefit data for legitimate reasons, but are otherwise residing lawfully in the UK, and we are aware that travel records held by the Home Office may be incomplete or contain inaccuracies. Reliance on such records to establish residence has the potential to result in curtailment action being taken against individuals who have been living permanently in the UK.

Additionally, individuals who do not frequently use technology, such as the elderly or vulnerable individuals, may not have their account details up to date and could miss important correspondence. Whilst caseworkers are instructed to review cases for evidence of vulnerability, it is unlikely they would have a full picture of an individual’s vulnerabilities at their disposal.

Key considerations for people with pre-settled status

If you have pre-settled status, the following tips can be helpful to keep in mind:

• You should apply for settled status as soon as you are eligible, rather than waiting for an automatic conversion.
• Do not let your pre‑settled status expire unless an automatic extension or conversion to settled status has been confirmed.
• Remember to ensure your UKVI account details are up to date. This means updating your account if your contact details, residential address, or passport details have changed. This is important in any event for continuing to prove your status when needed, but it also means that you will not miss important correspondence from the Home Office in relation to your immigration status.
• Retain evidence of your residence and life in the UK, as automated checks may be incomplete.
• Keep an accurate record of your absences from the UK, and be mindful of the limits on absences when planning travel. Records of absences are also helpful if you wish to apply to naturalise as a British citizen in the future, as there are separate residence requirements for naturalisation applications.