Ross Kennedy writes new article on changes to EUSS automation and cancellation policy

30 April 2026

Ross Kennedy’s latest article for immigration practitioners publication Free Movement examines how newly expanded automated checks allow the Home Office to automatically convert more people with pre-settled status to settled status on the EU Settlement Scheme.

Since 2025, the Home Office has automatically converted some people with pre-settled status to full settled status without needing a new application, if automated checks are able to establish that they meet the relevant requirements. Where automated checks are not able to confirm this to the required standard, the Home Office has instead been granting five-year extensions of pre-settled status.

On 9 April 2026, the Home Office introduced improvements to the automated system to increase the number of people automatically granted settled status. The system now checks for 30 months of tax and benefit payments in the last 60 months to confirm the continuous UK residence requirement. Some pre-settled status holders cannot be automatically converted to settled status and will still need to apply in the usual way.

Ross also writes about what we know regarding how tax and travel data may now also facilitate curtailment notices from the Home Office as it is now able to build a greater view of person’s residence history in the UK.

Ross explains what we know about the newly announced pre-settled status curtailment policy. Cancellation decisions are not automatic and must be proportional. They can also be appealed. If you are concerned please do not hesitate to contact Ross Kennedy to discuss.

The newly published guidance gives a number of examples of how Home Office staff may consider the proportionality assessment. If they do not think it is proportionate to cancel or curtail pre-settled status, a notification will be issued confirming pre-settled status will be maintained. However, people with pre-settled status must be resident in the UK for at least 30 months in total in the most recent 60-month period to become eligible for settled status.

As well as covering recent changes to cancellation policy, Ross examines what happens if settled status is granted in error.

We advise people and businesses on all aspects of settled status and immigration routes to citizenship.

Ross Kennedy has a wealth of experience working with individuals on their immigration and nationality routes, as well as corporate clients of all sizes, from start-ups, SMEs and charitable or religious organisations to large multinational companies.

He regularly advises on applications for licences to sponsor skilled workers (including on UKVI compliance requirements, mergers, restructuring and TUPE, as well as training HR teams) and assists with visa applications for skilled workers, temporary workers, sole representatives, as well as creative and sports personalities. Ross advises on immigration routes to set up businesses in the UK such as the such as the UK Expansion Worker visa, Global Talent visa or Innovator Founder route. He also advises private clients on personal applications, from high net worth and highly skilled clients to family, UK ancestry and British citizenship.

Photograph of Ross Kennedy (c) Tina-K Photography