As a result of recent Home Office changes related to EUSS arrivals arriving at the UK Border, Border Force officers have been granted the power to cancel leave of someone with pre-settled status if they cease to meet, or never met, the requirements of the rules.

These changes were brought in on 15 July 2024. The changes require holders of pre-settled status to continue to meet the eligibility requirements for pre-settled status that they met on the date they applied for pre-settled status, or otherwise meet an alternative requirement for pre-settled status under the EUSS to show that they continue to meet the requirements.

In order to assist Border Force officers in the process of establishing whether an individual still qualifies for pre-settled status, the following guidance has been given to them:

Checks at the border

• Border Force officers will continue to conduct checks to ensure that those who claim to have pre-settled status continue to meet the requirements for pre-settled status.

Eligibility considerations

• Border Force officers are informed that if a non-EEA national with pre-settled status had their marriage or civil partnership legally terminated and did not acquire a retained right of residence or other eligibility for pre-settled status, they may no longer meet the eligibility requirements.

Identifying ineligibility

The following examples are given of scenarios where the individual may now be ineligible:

1. Not Maintaining Residence. The individual has not continuously resided in the UK as defined under Appendix EU’s ‘continuous qualifying period.’
2. No Longer a Family Member. The individual is no longer a family member of an EEA citizen (or their spouse/civil partner) and does not meet the criteria for a ‘family member who has retained the right of residence.’
3. Loss of Derivative Right to Reside. The individual no longer meets the definition of a ‘person with a derivative right to reside.’
4. Loss of Zambrano Right to Reside: The individual no longer meets the criteria of a ‘person with a Zambrano right to reside.’

Proportionality considerations

• Border Officers are advised to consider whether it is proportionate to cancel the individual’s pre-settled status based on their current circumstances and eligibility.

Conclusion

In summary, Border Force officers are required to:

1. Perform standard checks as per the operating mandate.
2. Identify whether an individual with pre-settled status still meets the eligibility requirements.
3. Consider the proportionality of cancelling their pre-settled status.
4. Verify that the individual does not meet any other eligibility criteria or possess permanent residence rights under the Withdrawal Agreement.

This guidance ensures that the Border Force carefully evaluates each case, considering the individual’s specific circumstances and the broader legal context, before making a decision to cancel pre-settled status.