Immigration

United Kingdom | EUSS pre-settled status under review: Why employers should act now

Summary

The Home Office has expanded automated monitoring of EU Settlement Scheme (EUSS) status holders and confirmed how it will identify individuals whose pre-settled status may be at risk because they no longer meet UK residence requirements.

Although attention has focused on automatic upgrades to settled status, the Home Office is also identifying people whose residence history may justify curtailment or cancellation. Employers should therefore not treat the expiry date on an employee’s digital record as the only relevant consideration.

The detail

Since 9 April 2026, the Home Office has used tax and benefit records to identify pre-settled status holders who may qualify for settled status.

Under the revised continuous residence rules, an individual may generally qualify after at least 30 months’ UK residence in the most recent 60 months. Where government data confirms eligibility, settled status may be granted without a further application.

The same exercise will also flag residence histories that may no longer meet EUSS requirements.

How will the home office review residence?

The review has two stages.

• Stage One: Tax and Benefit Records: The Home Office first checks HMRC and DWP data. If this establishes eligibility, the individual’s digital status may be updated automatically.
• Stage Two: Travel History Review: If those records do not establish eligibility, travel and border data will be reviewed, starting with individuals who appear to have spent the longest periods outside the UK.

Can pre-settled status be removed automatically?

No. Removal is not intended to occur automatically based solely on days spent outside the UK. The individual should first receive a “minded to curtail” notice and normally has 28 days to provide residence evidence or explain absences, with additional time potentially available.

Any decision must be proportionate and consider the individual’s circumstances, including health, age and integration in the UK. Appeal rights apply, but substantial overseas absences can still place apparently valid status at risk.

Why does this matter for employers?

Internationally mobile employees may have extended UK absences because of:

• Assignments or secondments;
• Remote or cross-border working;
• Frequent business travel; or
• Family or personal commitments overseas.

An automatic extension does not remove this risk. An employee may hold valid-looking digital status while still facing scrutiny over their residence history.

Recommended employer actions

Employers should undertake a targeted review of their EUSS population.

• Identify employees with pre-settled status: Confirm who holds pre-settled status and who may already qualify for settled status.
• Review residence and travel history: Identify significant overseas absences, particularly assignments, remote working and frequent international travel.
• Check current immigration records: Ensure right-to-work records are complete, including the date and outcome of the original check and any required verification evidence. A compliant initial check generally removes the need for routine repeat checks for EUSS status holders, but employers should still understand emerging workforce risks.
• Encourage eligible employees to obtain settled status: Automation will not capture every eligible person. Encourage employees to review their position and seek advice where appropriate rather than waiting for automatic conversion.

Looking ahead

EUSS residence is now being actively monitored. A proactive review can identify issues before they become right-to-work, employee relations or wider compliance concerns.

How we can help

Vialto can assist with:

• Reviewing EUSS status, residence and absence histories;
• Workforce and right-to-work compliance audits;
• Sponsor compliance assessments; and
• Employee communications on EUSS and settled status eligibility.

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Lyudmyla Davies
Partner

Sarah Ingles
Partner

Adam Sinfield
Director

Andrea Als
Director

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