Changes impact digital status checks, settled status eligibility, and automatic status upgrades

The UK Home Office has released new guidance affecting individuals with status under the EU Settlement Scheme (EUSS). The updates introduce important changes to how immigration status is verified, broaden eligibility for settled status, and expand the circumstances in which settled status may be granted automatically.

These developments are particularly relevant for individuals holding pre-settled status, as well as for advisers and employers supporting EU nationals and their families.

Digital Status Checks and UKVI Account Accuracy

The Home Office has confirmed that, from early next year, UK border and travel checks will rely on digital immigration records (eVisas) held within an individual’s UK Visas and Immigration (UKVI) account.

Where UKVI records are incomplete or outdated, individuals may experience:

• Delays at the border

• Difficulties returning to the UK

• Refusal of boarding by airlines or carriers

EUSS status holders should review and update their UKVI account without delay if they have:

• Renewed or replaced a passport or national ID card

• A different passport number, expiry date, or nationality recorded

• Upcoming international travel

• Plans to apply for settled status

Revised Settled Status Residence Requirements

The Home Office has also announced a major change to the residence criteria for pre-settled status holders applying for settled status.

Applicants may now qualify where they:

• Hold valid pre-settled status

• Can demonstrate at least 30 months’ residence in the UK within the previous five years

• First entered the UK at least five years ago

Under the revised framework:

• Continuous residence is no longer required

• Periods spent outside the UK do not need to be justified, provided the residence threshold is met

• Undecided applications will be assessed using the new criteria

• Individuals previously refused may now be eligible, subject to meeting the requirements

This change significantly reduces the evidential and legal burden for many applicants.

Expansion of Automatic Settled Status Grants

The Home Office continues to convert some pre-settled status holders to settled status without requiring an application, using HMRC tax and benefits data to confirm UK residence.

Automatic upgrades currently apply to individuals who:

• Are EEA or Swiss nationals

• Were resident in the UK by 31 December 2020

• Have sufficient official records confirming long-term residence

From early 2026, the Home Office intends to adapt its systems to reflect the new 30-month residence requirement when conducting automated checks.

Eligible individuals will be notified directly and do not need to take action unless advised otherwise.

Individuals Who Must Still Apply

Despite these changes, many EUSS holders will still need to submit a formal settled status application, including those who:

• Lack sufficient UK tax or benefits records

• Are non-EEA family members

• Entered the UK as joining family members after 31 December 2020

• Are under 18 years of age

• Rely on derivative or alternative eligibility routes

Applications may be submitted by parents, guardians, or authorised representatives on behalf of dependants or vulnerable applicants.

Absences and Lapsed Pre-Settled Status

The Home Office has reiterated that pre-settled status may no longer be valid where an individual spent more than two consecutive years outside the UK prior to 21 May 2024.

Further policy adjustments are being developed to address affected individuals, with additional guidance expected.

Legal Advice and Support

Given the evolving nature of the EU Settlement Scheme and the potential consequences of holding incorrect or lapsed status, professional advice is recommended where there is uncertainty.

Our immigration team advises clients on:

• Reviewing and correcting UKVI account records

• Assessing settled status eligibility under the revised rules

• Preparing and submitting settled status applications

• Addressing lapsed or at-risk EUSS status

• Applications for children and family members