Home Office announcement on the removal of Pre-settled status for excessive absences from the UK

Curtailment / Cancellation of pre-settled status 

On 9 April the Home Office published an announcement setting out that some pre-settled status holders will have their status removed, if the Home Office deems they have “clearly ceased to maintain continuous residence in the UK”. In other words, since the grant of pre-settled status the person has been absent from the UK for too long. The technical terms for the Home Office removing pre-settled status are “curtailment” or “cancellation”.  

To identify pre-settled status holders who have breached the residence conditions of the EU settlement scheme the Home Office will review two data sources: 

1. Checks against “tax and benefit payments” using the pre-settled status holder’s National Insurance number (if held). Any criminal conduct will be reviewed at this stage. 
2. If the first check does not establish the pre-settled status holder is eligible for settled status, the Home Office will then check travel data to identify those who have not maintained continuous residence in the UK.

The announcement states that the Home Office will initially focus on pre-settled status holders who have been absent for the longest periods, “starting with those who have been outside the UK for the last 5 years”. 

Safeguards

The Withdrawal Agreement obliges the Home Office to apply safeguards to ensure EU settlement scheme status is not removed in contravention of the Agreement. This means that when the Home Office identifies a pre-settled status holder who they believe has broken the residence conditions, they must contact them and provide the status holder the opportunity to respond. After being contacted by the Home Office pre-settled status holders will have 28 days to respond with evidence and information about their situation. If more time is needed to obtain evidence this can be requested and the Home Office should allow more time. 

To keep their EU settlement scheme status the person must show either: 

1. That they do meet the residence conditions of the EU settlement scheme (this should allow them to be upgraded to settled status). If they cannot show this then alternatively, they must show; 
2. Their personal circumstances mean it would be disproportionate for them to lose their pre-settled status. 

If after considering these two points the Home Office decides it is appropriate in their view to remove the pre-settled status, the person will be notified of this decision. All decisions to remove pre-settled status have a right of appeal to the First-Tier Immigration Tribunal (note that strict deadlines apply). 

Automated grants of settled status 

The Home Office announcement also states that the automated upgrade process, which moves pre-settled status holders to settled status without them having to make an application, has now been improved with the intention to increase the number of pre-settled status holders who can benefit. 

The changes mean the automation process will now apply the simplified residence criteria, which allow pre-settled status holders with 30 months of UK residence in the most recent 60 months (i.e. 2.5 years of residence out of the last 5 years) to be granted settled status. Therefore, EU citizen with 30 months of “tax and benefit payments” in the last 60 months, identified through the person’s National Insurance records, will be granted settled status automatically. 

However, there are many pre-settled status holders who cannot be automatically upgraded who must still apply for settled status when eligible. This includes: 

• EU citizens do not have 30 months of tax and benefit payments in the last 60 months 
• Sponsored family members of any nationality 
• Those under the age of 18 
• Retained rights of residence and ‘derivative rights’ cases
• Persons granted pre-settled status who have obtained another UK immigration status 

Independent Monitoring Authority 

The Independent Monitoring Authority is the organisation in charge of monitoring the implementation of the Withdrawal Agreement in the UK. You can read the IMA statement and initial assessment of the Home Office announcement on their website.  

You can learn more about the process for removing pre-settled status and how it might impact you on the webpage Can I lose my pre-settled status if I am away from the UK for too long?