EU Settlement Scheme Update April 2026: New Rules on Settled Status, Pre-Settled Status and UK Absences
On 9 April 2026, the Home Office announced significant changes to the way the EU Settlement Scheme (EUSS) operates.
In this blog, our UK Immigration Solicitors explain how the announcement affects the automatic grant of settled status and how some people may no longer qualify for pre-settled status if their absences from the UK are deemed too lengthy.
Settled status rules are complicated. If you think you may now qualify for settled status, or if you are worried that a long absence from the UK might have put your pre-settled status at risk, this is the right moment to talk to a specialist Immigration Lawyer.
Contact OTS Solicitors Today for EU Settlement Scheme Immigration Legal Advice.
European Union Settlement Scheme Update 9 April 2026
On 9 April 2026, the UK government announced two major updates to the EU Settlement Scheme:
- The expansion of the automatic conversion of pre-settled status (PSS) to settled status (SS) using a simpler test.
- From April 2026, the Home Office will begin removing PSS from those people who have been living long-term outside the UK.
The announcement may be positive or negative news for you if you are an EU citizen with pre-settled status who wants to convert to settled status. Likewise, the announcement could be bad news for you if you have pre-settled status and you have been living outside the UK for a while.
The full announcement can be found here.
If you are concerned about how the Home Office announcement will affect you or your family members, then contact OTS Solicitors for bespoke EU immigration legal advice tailored to your situation.
Expansion of the automatic conversion of pre‑settled status to settled status
First, the good news element of the 9 April 2026 Home Office announcement.
The Home Office has now expanded the automatic conversion of pre-settled status to settled status, using a simple test of 30 months of UK presence in the last 60 months.
Proving UK presence to fall within the automatic conversion of PSS to SS
To establish if you have been present in the UK for 30 months in the last 60 months, the Home Office will use:
- Tax information, and
- Benefit information.
If tax and benefit information make it necessary, the Home Office will also look at travel information to establish if you have been present in the UK for 30 months in the last 60 months.
Individuals whose pre-settled status cannot be automatically converted to settled status
Although the 9 April 2026 announcement is good news for some with pre-settled status who will no longer have to make a settled status application, as their conversion to settled status will be automatic, you will not be one of the fortunate ones if you fall into any of these seven categories:
- EEA citizen who has not been paying tax for at least 30 months in the last 60 months.
- EEA citizen who has not been receiving benefits for at least 30 months in the last 60 months.
- Granted pre-settled status and who has now obtained a different UK immigration status.
- Non-EEA national family member.
- A joining family member of any nationality.
- Applicant under the age of 18.
- Using derivative rights to qualify under the EUSS.
Derivative rights include those with Zambrano and Chen/Teixeira-based claims.
EUSS legal advice on whether your pre-settled status will not automatically convert to settled status
If you are unsure whether you or a family member falls within one of the seven categories excluded from automatic conversion to settled status, it is best to consult an EU Settlement Scheme Lawyer. That’s because if the Home Office does not automatically grant settled status:
- Your pre-settled status should continue to be extended by five years, and
- You can apply for settled status as soon as you meet the eligibility criteria.
🚨check if you meet the 30-month settled status threshold
People whose leave had previously lapsed because of absences of over six months in any 12-month period may now meet the 30-month threshold under the new EU Settlement Scheme rules, and be eligible for settled status.
You should consider asking a UK Immigration Solicitor to check if you qualify, despite the previous lapse, as the Home Office announcement may affect your living plans if you now qualify for settled status.
🚨check if your pre-settled status is in jeopardy
From April 2026, the Home Office will begin removing PSS from individuals who appear to have been outside the UK long‑term.
If you hold pre-settled status and have been living outside the UK, your status may be at risk now or in the future.
Home Office reviews will start with those who have been absent from the UK for the longest period, i.e. for five years. Checks will be made by Home Office officials using tax, benefit and travel data to identify the length of absence.
The decision process to remove pre-settled status
The Home Office decision process to remove an individual’s pre-settled status due to their absences from the UK is not automatic and is not fully dependent on a computerised trawl of digitalised tax, benefit and travel records.
The rules require the removal of pre-settled status to be:
- Proportionate
- Assessed after considering key issues
The key issues relevant to the decision of whether to remove pre-settled status include:
- Personal ties to the UK
- Reasons for absence
- Age
- Health
- Any known vulnerabilities
If you or a family member is at risk of losing pre-settled status due to the 9 April 2026 announcement, it is best to check your position now to avoid loss of your EUSS status.
Consult an Immigration Solicitor if you are contacted by the Home Office to prove continuous residence or to explain UK absences.
A Home Office official will contact you before deciding to remove your pre-settled status. Contact is made through the email address and telephone number on your UKVI account, so these must be kept up to date.
The Home Office will allow you to either provide evidence of your UK residence or reasons for your absence from the UK. You will have a minimum of 28 days to respond to the Home Office request for information on continuous residence or UK absence. In appropriate situations, EUSS Lawyers may request time extensions when additional time is needed to obtain evidence.
The Home Office email or call is your reminder to take expert immigration legal advice on the best evidence to present to the Home Office to either prove presence in the UK or to explain your compelling reasons for absence outside the UK.
Challenging the decision to remove pre-settled status
If the Home Office decides to remove your pre-settled status, you can challenge the decision because it is appealable.
If you receive notice of removal of pre-settled status, you should take specialist immigration legal advice quickly from expert Immigration Solicitors, as there are time limits to appeal the decision.
Where the Home Office accepts that it would not be proportionate to remove your pre-settled status, you will keep PSS and can apply for settled status once you have been resident in the UK for 30 months in the last 60 months.
How the EUSS Lawyers at OTS Solicitors can help
OTS Solicitors can help you if you have pre-settled status and are worried about the latest Home Office announcement and how it will affect your immigration status and rights as an EU citizen living in London, or if the Home Office has contacted you and you do not know how best to respond. If you have been told your pre-settled status has been lost, our Immigration Solicitors can advise on your appeal options or visa alternatives.
Contact OTS Solicitors Today for EU Settlement Scheme Immigration Legal Advice.
Contact us by phone or complete our online form to schedule an appointment at our London offices or arrange a phone or online consultation.
Related Posts
OTS Solicitors are Ranked in the 2026 Editions of the Chambers and Partners Guide and Legal 500
Changes to the Skilled Worker Visa Salary Framework From 8 April 2026
The Differences Between the Global Talent Visa and the Skilled Worker Visa