New checks on continuous residence after Brexit
The UK government has announced plans to review and potentially remove residency rights from some EU citizens who no longer meet the requirement of “continuous residence” in the country following Brexit.
The move targets individuals with pre-settled status, a form of immigration permission granted to EU nationals who had lived in the UK for less than five years when Britain left the EU. Officials say the policy aligns with the 2020 Brexit Withdrawal Agreement, which sets limits on how long individuals can remain outside the UK without losing their right to stay.
How the rules work
Under current rules:
• People with settled status can spend up to five continuous years abroad and still retain their right to live in the UK.
• Those with pre-settled status are allowed absences of up to six months in any 12-month period.
• The Home Office says individuals who have spent less than 30 months in the UK over the last five years may no longer meet eligibility requirements.
Authorities plan to begin by reviewing cases of individuals believed to have been outside the UK for extended periods, especially those who may have left more than five years ago.
Concerns about travel data accuracy
The policy has raised concerns among rights groups and oversight bodies because the government intends to use travel data to help determine whether individuals have met residence requirements.
Critics point to previous issues with inaccurate Home Office travel records. A recent controversy involved nearly 20,000 families losing child benefit payments due to flawed border data shared with HMRC. Investigations found that travel records sometimes included:
• flights that were booked but never taken
• missing return journeys
• duplicate or conflicting travel entries
Campaign group the3million warned that relying heavily on such data could result in unfair decisions. It cited cases where applicants were questioned about travel histories that appeared clearly inaccurate.
Oversight bodies monitoring implementation
The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) said it has asked the Home Office for assurances that proper safeguards will be in place to prevent incorrect decisions. The watchdog stressed the importance of fair case-by-case assessments and said it would continue monitoring how the policy is applied.
Meanwhile, the National Audit Office is reviewing how government departments have used Home Office travel data, following concerns about data reliability.
Scale of the issue
Around 6.2 million EU citizens applied for UK immigration status after Brexit. Government figures show about 1.4 million people currently hold pre-settled status. Researchers estimate that between 3 million and 4 million EU citizens may still be living in the UK overall.
Government position
The Home Office says the policy is intended to protect public services and ensure immigration rules are applied fairly. Officials emphasize that most people with pre-settled status will not be affected and that decisions will be made proportionately, taking individual circumstances into account.
However, campaigners remain concerned that errors in travel records could create uncertainty for thousands of EU nationals navigating the post-Brexit immigration system.
