Question to the Home Office:

To ask His Majesty's Government whether they consider allowing individual's EU Settlement Scheme status to expire because the Home Office considers it was granted in error to be consistent with the United Kingdom’s obligations under the EU-UK Withdrawal Agreement.

Where the Home Office identifies that a person may have been granted EU Settlement Scheme (EUSS) status in error, they are given an opportunity to provide evidence to show that they meet the requirements for that status. Their existing status under the EUSS is not cancelled as a result of that process. Where the person holds pre-settled status, it remains valid until its expiry date but will not be extended beyond that point. The person is informed they do not meet the requirements to sponsor applications to the EUSS from family members.

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 to the independent First-tier Tribunal (Immigration and Asylum Chamber). Where such an application to the EUSS is made before the expiry of their pre-settled status, they will continue to hold that status while the application, and any appeal against refusal, remains outstanding.

The Home Office considers that the existing arrangements are consistent with the UK's obligations under the Withdrawal Agreement. The approach taken is the Home Office’s usual approach when limited leave to enter or remain is granted in error. It allows the person to continue to enjoy a basis of stay in the UK, and the right to work here, for the remaining period of that leave, during which they can apply for leave to remain in the UK under any immigration route available to them.

Local management information indicates that from the introduction of the EUSS in 2018 to 30 June 2026, 1,473 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. Information on how many of these individuals’ pre-settled status has expired, or is at risk of expiry, is not held in a reportable format.