Home Office strengthens EU Settlement Scheme 2026: automatic upgrades and automatic removals
Immigration attorneys are advising EU nationals in the UK to check that their digital status information is correct after the Home Office said it will start revoking pre-settled status from those that appear to have broken residency restrictions. On 5 May 2026, JMW Solicitors published a blog analysing new guidance provided on 9 April which outlines a two-stage, data-driven process: HMRC and Department for Work & Pensions records will be searched for evidence of an applicant’s work or benefits claims during 30 of the last 60 months. Failing that, travel-history data will be used to assess time spent outside the UK. Those who pass the computerised tests will be automatically elevated to full settled status, providing them permanent residence without the need for an application.
But holders who fail both checks will get a “minded-to-curtail” notice and 28 days to give evidence – or lose the right to live and work in Britain. The Home Office will prioritise the longest absences first. This is a significant change for employers: computerised Right-to-Work checks could suddenly reveal that the status of a long-serving EU employee is invalid. Therefore, HR teams should arrange forward-looking refresher inspections and encourage employees to download status data before foreign assignments. Universities and multinational HR departments also need to review mobility rules to alert personnel that long secondments in the EU could put UK status at risk even if tax is still being paid elsewhere. The move is part of a broader political trend away from automatic permanency and toward earned settlement. Immigration Minister Sarah Jones has stated that automatic conversions will ‘reward contribution’ and mean people who have essentially left the UK do not have a back-door into the labour market. Employers planning to recruit from within the EU may expect a barrage of “status check panic” questions over the next several weeks, advisors suggest.