EU Settlement Scheme (EUSS) – Key Employer Considerations

UKVI Account Details Must Be Updated (Travel Risk from February 2026)

From 25 February 2026, enhanced immigration checks will apply at UK borders.

EUSS status holders must ensure their passport or identity document details are correctly recorded in their UKVI account. If details are not up to date, individuals may experience:

• Travel delays
• Boarding refusal
• Difficulties entering the UK

HR Action:
Employers may wish to remind EUSS employees to review and update their UKVI account details, particularly before travel.

Details can be updated via the official Home Office portal:
https://www.gov.uk/update-uk-visas-immigration-account-details

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Simplified Residence Requirement for Settled Status

The Home Office has introduced a more flexible pathway to settled status for pre-settled status holders.

Individuals may now qualify if they:

• Hold pre-settled status
• Have been resident in the UK for at least 30 months (2.5 years) within the last five years
• Arrived in the UK at least five years ago

Time spent outside the UK does not need to be explained if the 30-month requirement is met.

Additional important points:

• Applications not yet decided will be assessed under the updated rule.
• Individuals previously refused settled status — or granted leave under another immigration route — may now qualify if they still hold valid pre-settled status and meet the new requirements.
• Pre-settled status will lapse where an individual spent more than two consecutive years outside the UK before 21 May 2024. The Home Office has indicated that further changes are being considered for affected individuals.

HR Impact:
Some employees who were previously ineligible may now qualify, and pending applications may be reassessed under the revised criteria.

Automated Grants of Settled Status

UKVI continues to automatically convert certain pre-settled status holders to settled status using UK tax and benefit records. Individuals will be notified by email if eligible.

Automatic conversion generally applies where:

• The individual is an EEA or Swiss citizen resident in the UK by 23:00 on 31 December 2020; and
• UK tax and benefit records confirm five years’ UK residence with absences of no more than six months in any 12-month period.

From early 2026, this assessment will align with the new 30-month rule.

Who must still apply?

An application will still be required where an individual:

• Has not paid UK tax or received benefits for at least 30 months in the last five years
• Is a non-EEA family member
• Is a joining family member who began residence after 31 December 2020
• Is under 18 years of age
• Has other specific eligibility requirements (e.g. derivative rights)

HR Consideration:

Employers should not assume that all pre-settled status holders will be automatically upgraded and should continue monitoring expiry dates and Right to Work compliance.

Key Takeaways for Employers

• Remind EUSS employees to update UKVI account details
• Continue conducting online Right to Work checks
• Monitor pre-settled status expiry dates
• Be aware that more employees may now qualify for settled status

This update is intended as a general guide and does not replace tailored legal advice. If you have questions on any of the topics above, please do not hesitate to contact us.