Immigration lawyers are warning EU nationals in the UK to keep their digital status details up to date after the Home Office confirmed it will begin stripping pre-settled status from people who appear to have broken residency rules. In a blog posted on 5 May 2026, JMW Solicitors analysed new guidance issued on 9 April that sets out a two-stage, data-driven process: HMRC and Department for Work & Pensions records will be mined to see if an applicant has worked or claimed benefits for 30 of the past 60 months; if that test is failed, travel-history data will be checked to measure time spent outside the UK. Those who pass the automated checks will be upgraded seamlessly to full settled status, giving them permanent residence without filing an application.
![Home Office tightens EU Settlement Scheme: automatic upgrades – and automatic removals]()
Platforms such as VisaHQ can assist both employers and EU nationals in navigating these evolving requirements. Through its UK portal (https://www.visahq.com/united-kingdom/) the service offers real-time status tracking, document preparation tools and alerts for rule changes, helping users stay compliant and avoid last-minute panics.
But holders who fail both tests will receive a “minded-to-curtail” notice and 28 days to provide evidence—or risk losing their right to live and work in Britain. The Home Office will prioritise cases with the longest absences first. For employers this represents a material change: digital Right-to-Work checks may suddenly show that a long-serving EU employee’s status is invalid. HR teams should therefore schedule proactive refresher checks and counsel staff to download status records before overseas assignments. Universities and multinational HR departments must also update mobility policies to warn staff that lengthy secondments in the EU could jeopardise UK status, even if tax is still being paid elsewhere. The move reflects a broader political shift away from automatic permanency and towards earned settlement. Immigration Minister Sarah Jones has argued that automatic conversions will ‘reward contribution’ while ensuring those who have effectively left the UK do not keep a back-door to the labour market. Employers relying on intra-EU talent should watch for a spike in “status-check panic” queries over the coming weeks, advisers say.
Platforms such as VisaHQ can assist both employers and EU nationals in navigating these evolving requirements. Through its UK portal (https://www.visahq.com/united-kingdom/) the service offers real-time status tracking, document preparation tools and alerts for rule changes, helping users stay compliant and avoid last-minute panics.
But holders who fail both tests will receive a “minded-to-curtail” notice and 28 days to provide evidence—or risk losing their right to live and work in Britain. The Home Office will prioritise cases with the longest absences first. For employers this represents a material change: digital Right-to-Work checks may suddenly show that a long-serving EU employee’s status is invalid. HR teams should therefore schedule proactive refresher checks and counsel staff to download status records before overseas assignments. Universities and multinational HR departments must also update mobility policies to warn staff that lengthy secondments in the EU could jeopardise UK status, even if tax is still being paid elsewhere. The move reflects a broader political shift away from automatic permanency and towards earned settlement. Immigration Minister Sarah Jones has argued that automatic conversions will ‘reward contribution’ while ensuring those who have effectively left the UK do not keep a back-door to the labour market. Employers relying on intra-EU talent should watch for a spike in “status-check panic” queries over the coming weeks, advisers say.
