Pre-Settled Status and Absences From the UK: When Could Status Be at Risk?

For some EU Settlement Scheme (EUSS) pre-settled status holders, time spent outside the UK may now feel more significant than it once did. Recent Home Office changes mean that some people are receiving automatic extensions of their pre-settled status, while others may be considered for an automatic upgrade to settled status.

But an automatic extension does not necessarily resolve concerns about UK residence. The Home Office can still consider cancelling or curtailing pre-settled status, including where that status has been automatically extended, if it believes a person no longer meets the residence requirements.

Some pre-settled status holders are now receiving Home Office letters stating that their status may be cancelled or curtailed. These letters usually arise where Home Office records suggest a significant period of absence from the UK since pre-settled status was granted.

These notices should be taken seriously, as there are generally only 28 days to respond. Receiving this type of letter does not mean that the pre-settled status will automatically be lost. In most cases, there is an opportunity to provide evidence of UK residence and explain why it would not be proportionate for the Home Office to remove that status. 

Why Is This Relevant Now?

The Home Office has expanded its automated process for pre-settled status holders. It now assesses whether eligible pre-settled status holders can move to settled status without making a further application.

If automated checks confirm eligibility, settled status may be granted. If they do not, pre-settled status will generally be extended by five years.

While this automated extension offers additional time in the UK, it does not mean the Home Office has accepted a person’s residence position indefinitely. The Home Office may later review whether that person continues to meet the EUSS requirements, including whether sufficient residence in the UK has been maintained.

This issue may affect people who have:

• • • Relocated overseas
    • Worked or studied abroad for extended periods
    • Split their time between the UK and another country
    • Spent very little time in the UK in recent years

Does Spending More Than Six Months Abroad Automatically Lead to Curtailment?

Not necessarily. Spending more than six months outside the UK can be relevant, but it does not automatically mean that pre-settled status will be curtailed.

Under the original continuous residence assessment, pre-settled status holders were expected not to spend more than six months outside the UK and Islands in any 12-month period, unless an exception applied.

Certain exceptions may cover situations such as COVID-19-related disruption or compassionate cases, but these exceptions are narrowly defined and depend on the facts of each case.

There is now an alternative basis for pre-settled status holders to qualify for settled status. A person may be eligible if they can demonstrate at least 30 months of residence in the UK in total during the most recent 60-month period.

Long absences do not always rule out a positive outcome. The answer will depend on multiple factors including:

• • • The person’s residence history
    • The reasons for any absences
    • The evidence available to support their circumstances

Where absences have been significant or linked to COVID-19-related circumstances, it may be appropriate to seek legal advice before assuming that continuous residence has been broken.

How Is the Home Office Identifying Cases for Potential Curtailment?

The Home Office may use tax and benefit records to assess whether it can grant settled status automatically.

Where those records do not confirm eligibility, it may also consider other available records, including travel data, to identify people who appear not to have maintained continuous residence in the UK.

What Is a ‘Minded to Curtail’ Notice and What Should Someone Do If They Receive One?

A ‘minded to curtail’ notice is a warning letter from the Home Office. It means the Home Office is considering whether to cancel or curtail a person’s pre-settled status, but has not yet made a final decision. Home Office letters typically request evidence within 28 calendar days.

This provides an opportunity to demonstrate that they continue to meet the EUSS requirements, qualify for settled status, or that removing their status would not be proportionate in their circumstances.

On receiving a notice, it is important to act promptly by:

• • • Reviewing residence history
    • Gathering supporting evidence
    • Preparing a clear response before the stated deadline

What Does the Home Office Consider Before Curtailing Status?

In cases based on a lack of UK residence, curtailment is not automatic. The Home Office must consider whether cancellation or curtailment is proportionate. It may consider:

• • • The reasons for the absences
    • The reasons for not returning to the UK sooner
    • A person’s age, health or integration
    • Their ties to the UK, including family, work, study and private life
    • Any specific compelling or compassionate circumstances

Before making a decision, the Home Office will usually contact the person concerned using the details associated with their UKVI account and provide an opportunity to submit evidence of UK residence and/or explain periods spent outside the UK.

Can a Curtailment Decision Be Appealed?

Yes. If the Home Office decides to cancel or curtail pre-settled status, the decision carries a right of appeal.

Where the decision is made while the person is in the UK, they will normally have 14 days to lodge an appeal, as set out in the decision notice. Pre-settled status will be extended during that period and for the duration of any appeal.

Where the Home Office considers the person to be outside the UK when the curtailment decision is made, status may be cancelled before the appeal is determined.

Although the person will still have a right of appeal, they will normally have 28 days to lodge it, as set out in the relevant decision notice. If the appeal is successful, pre-settled status will be reinstated.

How Fragomen Can Help

Fragomen’s Private Client team advises pre-settled status holders who have received Home Office correspondence about possible cancellation or curtailment, as well as those concerned about how their absences may affect eligibility for settled status.

The team can:

• • • Assess residence histories
    • Identify suitable supporting evidence
    • Prepare responses to Home Office ‘minded to curtail’ notices
    • Make representations on proportionality grounds
    • Advise on appeal options where the Home Office has already made a decision

Pre-settled status holders who have received a Home Office email or letter about possible cancellation or curtailment, or who are concerned about how time spent outside the UK may affect their immigration position, can contact a member of Fragomen’s Private Client team to discuss the available options. 

Need to Know More?

For more information on pre-settled status and the impact of absences from the UK, please reach out to Senior Manager Alex Hood at [email protected] and Manager Kimberley Ong at [email protected].

This blog was published on 9 September2026 and reflects information available at that time. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow us on LinkedIn, Facebook