Independent Monitoring Authority warns guidance lacks clarity about how caseworkers will make individual decisions
As reported by the Independent Monitoring Authority for the Citizens' Rights Agreements (IMA), the Home Office has announced it intends to remove pre-settled status under the EU Settlement Scheme (EUSS) from certain EU, EEA and Swiss citizens who do not meet the UK residency requirements.
The Home Office published a policy paper yesterday outlining expanded automation within the EUSS. From yesterday, the Home Office has increased the use of automated checks to grant settled status, now relying on evidence such as 30 months of tax or benefit records within a 60-month period.
In addition, the Home Office stated that it has begun a process to identify and potentially remove pre-settled status from individuals who have clearly not maintained the required continuous residence conditions of being in the UK for 30 of the previous 60 months.
The process of removing pre-settled status will involve two stages: initial checks using tax and benefits data to confirm UK residence, and secondary checks using travel data where residency cannot be verified. Cases will be prioritised based on length of absence, beginning with those who have been outside of the UK for up to five years. Should the checks reveal a person is eligible for settled status, their digital status will be converted automatically to settled status.
Before any decision is made to remove pre-settled status, affected individuals will be contacted and given the opportunity to respond, provide evidence, or explain their absence. Additional time may be granted in some cases, particularly for vulnerable individuals. The IMA reported that the standard time period to respond is 28 days.
The Home Office said pre-settled status will only be removed where it is considered proportionate to do so. Decisions will include a right of appeal. Individuals may retain their status if mitigating circumstances are identified, even where residency requirements have not been fully met.
According to the Home Office, an estimated 1.4 million people held pre-settled status at the end of 2025.
The IMA stated in a press release that, in principle, the removal of pre-settled status is lawful under the Withdrawal Agreement and EEA EFTA Separation Agreement, provided individual circumstances are considered.
While the IMA welcomed the Home Office's commitment to applying a proportionality test when deciding whether to remove status, it raised concerns about how the policy will be implemented in practice, noting that current guidance is high-level and lacks detail on how caseworkers will assess individual cases.
Miranda Biddle, Chief Executive of the IMA, commented: "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."
Anyone experiencing any problems can contact the IMA through its complaints portal here.