Over the last few years, many people with pre-settled status have felt uncertain about what happens next. Can they stay? Do they need to apply again? What if they spent time outside the UK? Will their status be extended automatically? The latest Home Office changes introduced in 2025 and expanded on 9 April 2026 are intended to answer some of those questions.
Some changes are positive and will make it easier for people to move from pre-settled status to settled status. However, the Home Office has also announced that it will begin removing pre-settled status from those who have not maintained continuous residence.
A new way to meet the continuous residence requirement
One of the most positive changes is the introduction of a new way of meeting the ‘continuous residence’ requirement for individuals with pre-settled status seeking settled status.
Previously, the continuous residence requirement was satisfied where the individual had not been absent from the UK for more than 180 days in any rolling 12-month period, and had not had a single absence exceeding six months.
Rather than relying only on the older and often confusing continuous residence rules, the Home Office has confirmed that some people will qualify for settled status where they have been resident in the UK for at least 30 months during the most recent 60-month period. This only applies to people who have already been granted pre-settled status.
The purpose of this alternative way of meeting the continuous residence requirement is to address confusion about calculating permitted absences from the UK led some to inadvertently break their continuous residence.
Automating more grants of settled status
Improvements have been made to the system of automatically upgrading pre-settled status to settled status.
Previously, a pre-settled status holder would be upgraded to settled status automatically only if their National Insurance records showed five years of continuous residence.
The Home Office has confirmed that automated checks will be extended to tax and benefit records over the previous 60 months. This allows pre-settled status holders with 30 months of UK residence in the last 60 months (i.e. 2.5 years of residence out of the most recent 5 years) to be granted settled status automatically.
However, not everyone will be converted automatically including:
- non-EEA family members
- joining family members
- children under 18
- those who do not have 30 months of tax or benefit evidence in the last 60 months
- retained rights of residence and ‘derivative rights’ cases
- those who later obtained another immigration status
This means that many people should not assume the system will simply upgrade from pre-settled to settled status automatically. It is still important to review your own position and consider whether you should make an application for settled status.
Removal of pre-settled status
Alongside these helpful changes, the Home Office also announced that from 9 April 2026 it has started the process of identifying pre-settled status holders who do not meet the residence requirements. Cases will be identified through the EUSS automated process and through checks against tax, benefit and border travel data.
This is likely to affect those who have spent long periods outside the UK and may have broken continuous residence. Those who have been absent for the longest periods, particularly up to five years, will be reviewed first.
To identify pre-settled status holders the Home Office will carry out checks:
- The Home Office will start with initial checks using tax records, benefit records, and any evidence of criminal activity. These checks are used to see whether the person has continued living in the UK and whether they may now qualify for settled status instead. If they do qualify, their pre-settled status will be upgraded automatically to settled status.
- If the first checks do not provide enough information, the Home Office will move to a second stage of checks. At this stage, they will use travel records to examine how much time the person has spent outside the UK. This helps them decide whether the person has broken the continuous residence requirement for keeping pre-settled status.
The Home Office says that, before deciding to remove pre-settled status, it will contact individuals using the email address and phone number linked to their UKVI account giving them 28 days to respond and provide evidence of UK residence and reasons for their absence.
The Home Office intends to remove pre-settled status where the status holder has ceased to meet the residence requirements and it is proportionate to do so.
Any decision to remove pre-settled status will have a right of appeal.
What do these changes mean for me?
If you are unsure whether you qualify for settled status, or worried that long absences may affect your immigration position, obtaining advice now could make all the difference.
We recommend taking the following steps:
- Check your UKVI account contact details are up to date
- Monitor your email and text messages for any notifications from UKVI – especially if you have long absences and your pre-settled status is expiring soon
- Check your eligibility for settled status
- Consider waiting for an automatic upgrade or making an application for settled status
- Seek personalised advice