Question to the Home Office:

To ask the Secretary of State for the Home Department, what criteria caseworkers use to determine that pre-settled status was granted in error, and whether this guidance has changed since the EU Settlement Scheme opened.

A person’s EU Settlement Scheme (EUSS) status will only be considered to have been granted in error where they were granted that status in circumstances where the information or evidence shows that they did not meet the relevant requirements for it under Appendix EU to the Immigration Rules. This has not changed since the EUSS opened, and every case must be considered based on individual circumstances and the evidence provided. Guidance to caseworkers is set out on pages 102-4 and 124-5 of the published caseworker guidance: EU Settlement Scheme EU, other EEA, Swiss citizens and family members.

Where pre-settled status is identified as having been granted in error it is not revoked but is instead allowed to expire. This means that a person’s rights to work, rent property and access banking services continue for the duration of their grant of pre-settled status.

A person informed by the Home Office that they have been granted pre-settled status in error can re-apply to the EUSS if they disagree and, if refused, they can appeal that decision. Where that further application is made before their pre-settled status expires, they will retain that status, and the associated rights, pending the outcome of their appeal. Local management information indicates that from 1 January to 30 June 2026 373 individuals have been notified that their pre-settled status was granted in error. These figures are derived from manual records and may be subject to revision.