Pre-settled status under scrutiny: rising risks for EU nationals and their family members amid tougher UK enforcement
There’s growing concern around the status of EU nationals who briefly came to the UK and secured pre-settled status under the EU Settlement Scheme. What was initially presented as a straightforward route to maintaining residency rights after Brexit is now looking less certain for some.
Since 9 April 2026, the UK Home Office has begun actively targeting pre-settled status holders who have ceased to maintain continuous residence in the UK. This marks a significant shift toward stricter enforcement, with authorities using data from tax records, benefits systems, and travel history to assess whether individuals are genuinely living in the country. Where concerns arise, this can lead to cancellation of status.
What is pre-settled status
Pre-settled status was designed as a temporary step toward full settled status, on the condition that individuals build up five years of continuous residence in the UK. However, many people were granted this status after only minimal time spent in the country, sometimes as little as a short 1-day visit to the UK, during a period when the system relied heavily on self-declaration and light-touch checks.
Now, as the scheme matures, the gap between initial eligibility and long-term requirements is becoming more apparent. Those who cannot demonstrate continuous residence may find themselves unable to upgrade to settled status, and increasingly, at risk of losing their existing rights altogether.
Who is most likely to be affected
There are several groups who appear particularly vulnerable under the new enforcement approach:
- Individuals with significant absences from the UK, especially those away for extended periods (for example, more than two years, or well beyond permitted absence thresholds), are likely to be prioritised for review.
- Those who fail residence checks, broadly understood as not meeting the expectation of being present in the UK for a substantial portion of the qualifying period (often framed as around 30 months out of a 60-month period).
- Individuals whose circumstances have changed, such as spouses or unmarried partners of EU citizens whose relationship has since broken down.
- Cases where there are concerns about misleading or dishonest conduct, including serious criminal behaviour.
- People who are not granted automatic extensions to their pre-settled status due to gaps in their residence history.
- Individuals with a limited footprint with HMRC, who may have structured their affairs to minimise UK tax exposure, and lack demonstrable residence and economic activity in the UK.
Practical concerns
Many individuals may not realise their status is at risk until it directly affects their ability to work, rent, or access services. Without clear guidance, people could inadvertently fall out of lawful status despite having engaged with the system in good faith.
While the government has introduced some flexibility, such as automatic extensions for certain individuals, the increasing use of retrospective checks and enforcement may disproportionately affect those who misunderstood the rules or relied on earlier, less rigorous processes.
How we can help
If you or a family member hold pre‑settled status, now is the time to review your position, to ensure you maintain residency rights in the UK. Our Immigration team regularly supports individuals navigating pre‑settled and settled status. Please do get in touch with the team to find out more.
