On 9 April 2026 the Home Office released a policy paper that changes how the EU Settlement Scheme (EUSS) handles settled and pre‑settled status. The updates introduce a broader automated route to settled status and, for the first time, a systematic process for curtailing pre‑settled status when residency requirements are no longer met.
Automated conversion to settled status
- “30 in 60” rule – introduced in July 2025, it allows an applicant to satisfy the five‑year residence requirement by showing at least 30 months of tax or benefit activity within the most recent 60 months.
- The Home Office will now use existing tax, benefit and immigration data to convert eligible pre‑settled status holders to settled status automatically, without a separate application.
Who is eligible?
- EEA or Swiss citizens (or qualifying family members) who have a 30‑month record of tax/benefit contributions in the last five years.
- Applicants must have started living in the UK by 31 December 2020 (or be a joining family member who later completed a five‑year qualifying period).
Who is excluded from the automated route?
- EEA citizens lacking the required tax/benefit history.
- Non‑EEA national family members, joining family members, and anyone under 18.
- Persons with derivative rights, Zambrano rights, or who already hold another form of UK immigration status.
Individuals not automatically converted will have their pre‑settled status extended by five years to maintain lawful residence while they pursue a manual application.
New curtailment procedure for pre‑settled status
The Home Office will now remove pre‑settled status from people who no longer meet continuous‑residence criteria. The process consists of two checks:
- Tax/benefit data – verifies whether the person has the required residence record.
- Home Office travel data – identifies prolonged absences, prioritising cases with five‑year or longer periods outside the UK.
If the checks indicate a loss of qualifying residence, the Home Office will:
- Contact the individual at the email and telephone details on their UKVI account.
- Allow 28 days to submit evidence of residence or explain absences, with a further 28‑day extension possible on request.
- Provide additional support for vulnerable claimants.
Proportionality safeguards
Before a final curtailment decision, caseworkers must balance the individual’s circumstances against the aim of effective immigration control. Factors considered include:
- Severity and weight of the conduct.
- Age, health, disabilities, homelessness, or experience of domestic abuse.
- Length and proportion of UK residence relative to the person’s life.
- Family ties in the UK (including children, with reference to the Section 55 duty to consider the best interests of children).
- Economic situation, integration, and ties to the home country.
- Any compelling compassionate circumstances.
Manual application for settled status
Applicants who do not qualify for automatic conversion may still apply manually. The requirements are:
- Be a relevant EEA or Swiss citizen, or a qualifying family member (including those with derivative or Zambrano rights).
- Have started living in the UK by 31 December 2020 (or meet the joining‑family‑member route).
- Complete a continuous qualifying period of five years, demonstrated by:
- Presence for at least six months in each 12‑month period or
- The “30 in 60” alternative (30 months of residence within the last 60 months).
Permitted absences that do not break continuity include:
- One period of up to 12 months for important reasons (e.g., childbirth, serious illness, study, vocational training, overseas work posting).
- Compulsory military service of any length.
- Time abroad as a Crown servant or a family member of a Crown servant.
- Service in the armed forces or as a family member of someone in the armed forces.
- Additional concessions related to COVID‑19 have also been published.
Key points for affected EEA and Swiss nationals
| Issue | What the new policy does |
|---|---|
| Automatic settlement | Uses tax/benefit data to grant settled status to eligible pre‑settled holders (30 months in 60). |
| Exclusions from automation | Citizens without sufficient tax/benefit records, non‑EEA family members, joining family members, minors, derivative right holders, and those with other UK immigration status. |
| Pre‑settled status removal | Two‑stage check (tax/benefit + travel data) targeting long‑term absences; individuals are contacted and given 28 days (extendable) to respond. |
| Safeguards | Proportionality assessment considering health, age, integration, family ties, and compassionate factors before curtailment. |
| Manual route | Remains open; applicants must meet the five‑year residence test (or 30 in 60) and satisfy the standard absence rules. |
Anyone who believes they may be affected should review their tax, benefit and travel records against the “30 in 60” criteria and be prepared to respond to any Home Office contact within the stipulated timeframes. Legal advice is recommended to assess eligibility for automatic conversion, to prepare a manual application, or to contest a curtailment decision.
Source article: immigrationbarrister.co.uk
