Changes to the EU Settlement Scheme from 8 October 2026: What Pre-Settled Status Holders and Their Families Need to Know
On 3 September 2026 the Home Office laid before Parliament a new Statement of Changes in Immigration Rules (HC 584). Much of the commentary has focused on the Skilled Worker and Erasmus+ provisions, but the Statement also makes a series of changes to Appendix EU and Appendix EU (Family Permit) – the rules that govern the EU Settlement Scheme (EUSS). Those changes matter a great deal to the 1.4 million or so people who still hold pre-settled status, to family members who wish to join them, and to the children of EU citizens who are in education in the United Kingdom.
Most of the EUSS changes take effect on 8 October 2026. One further change, concerning expired biometric residence permits, takes effect on 9 December 2026. This article explains what is changing, why, and what you should do if you or a member of your family may be affected.
1. Pre-settled status: a proportionality safeguard
Pre-settled status is granted to those who have not yet completed five years’ continuous residence in the UK. Under the current rules, a person who ceases to meet the eligibility requirements of the scheme – for example because a relationship on which their status depended has broken down, or because a family member they were dependent upon has died – is exposed to having their status curtailed, even where that outcome would be harsh in the circumstances.
From 8 October 2026 the position changes. Consistent with the Withdrawal Agreement, pre-settled status may still be removed where the holder no longer meets the eligibility requirements, but only where it is proportionate to do so. Where removal would be disproportionate – the Home Office gives the example of a sudden change in family circumstances – the holder will remain within the scope of the scheme, will keep their pre-settled status and will be able to go on to qualify for settled status in the usual way once they complete five years’ continuous residence.
This is a welcome and overdue clarification. It aligns the Immigration Rules with the proportionality principle that already underpins the Withdrawal Agreement and with the approach the Home Office has been taking in practice since it began its programme of pre-settled status reviews. If you receive a letter from the Home Office suggesting that your pre-settled status is under review, you should take advice promptly: there is normally a 28-day window in which to respond, and the factors relevant to proportionality – length of residence, family ties, integration, health and vulnerability – need to be presented properly and supported by evidence.
2. Joining family members: a new three-month deadline
A “joining family member” is a family member of an EU, EEA or Swiss citizen (or of a person of Northern Ireland) who was not living in the UK by 31 December 2020 but who comes to join their relevant sponsor afterwards. Such applicants have always been subject to a time limit for applying to the scheme after arrival.
From 8 October 2026 the deadline for a first-time joining family member application is three months from the applicant’s most recent lawful entry to the UK since the end of the transition period on 31 December 2020. The Home Office says this better reflects the requirements of the Withdrawal Agreement. In practical terms, a person who has entered the UK more than once since the end of 2020 will be able to rely on their latest lawful entry, rather than their first arrival, when calculating whether they are in time.
Two cautions are in order. First, the three-month period runs from a lawful entry; a person who entered without leave or in breach of conditions cannot rely on that entry. Secondly, an applicant whose earlier EUSS application was rejected or refused will not simply be able to restart the clock: they will need to show reasonable grounds for a late application, or re-enter the UK with an EUSS family permit so that a fresh three-month period begins. Family members who are already in the UK and have not yet applied should not wait for the new rules – they should take advice now.
3. Children in education: the Ayoola judgment
The third change responds to the Court of Appeal’s decision in Ayoola v Secretary of State for the Home Department [2025] EWCA Civ 1519, handed down on 28 November 2025. The case concerned the “derivative” rights of residence, first recognised in the Baumbast, Ibrahim and Teixeira line of European case law, which allow the child of an EU citizen who has worked in the host state to remain there to complete their education, and allow the child’s primary carer to remain with them. Those rights are preserved after Brexit by Articles 24(2) and 25(2) of the Withdrawal Agreement.
Although Ms Ayoola’s own appeal was dismissed on its particular facts, the judgment corrected the Home Office’s previous understanding of these provisions. The Home Office had considered that the Withdrawal Agreement rights applied only to those who were already benefiting from them at the end of the transition period. The Court of Appeal held that they could be relied upon for the first time after 31 December 2020. The consequence, as the Home Office now accepts, is that a child who holds pre-settled status and whose EU citizen parent was formerly a worker or self-employed person in the UK retains a right of residence under the Withdrawal Agreement until the completion of their education here – and does so even after they cease to qualify as a “family member” in the ordinary sense, for instance following a parent’s departure from the UK, a divorce, or the child reaching adulthood.
From 8 October 2026 Appendix EU will reflect this. Such a child who obtained pre-settled status as a family member will be able to retain it and go on to qualify for settled status. The child’s primary carer, and any dependant of that carer who is under 18, will be able to obtain or retain pre-settled status – and likewise progress to settled status – where that is necessary for the child to continue their education in the UK. It is notable that the new rules extend expressly to the children of formerly self-employed EU citizens as well as of workers, a category whose position had long been the subject of argument under the EU case law.
This is a significant development for families whose circumstances have changed since the child’s status was first granted. If you are the parent or carer of a child with pre-settled status who is at school, college or university, and you have been told – or fear – that you or the child no longer qualify under the scheme, this change may offer a route to remain and, in time, to settle.
4. Closure of the EUSS travel permit route
The EUSS travel permit allowed a person with EUSS status who was outside the UK and had obtained a new passport to return to the UK. That route is being deleted from Appendix EU (Family Permit) with effect from 8 October 2026. It has been superseded by the online Update My Details service, which can now be used from outside the UK to link EUSS status to a new passport or national identity card before travelling.
The practical lesson is simple: if you renew your passport, update your UKVI account straight away. Your digital status is what carriers and Border Force will check, and a mismatch between the document you are travelling on and the document linked to your status is a common cause of delay and distress at the border.
5. Expired biometric residence permits no longer accepted as proof of identity
The EUSS has permitted an applicant to prove their identity and nationality using a biometric residence permit (BRP) that had expired by up to 18 months. Since almost all BRPs expired by 31 December 2024 as part of the transition to eVisas, the Home Office considers there is no longer any benefit in retaining the provision. It is removed with effect from 9 December 2026. Anyone who still intends to rely on an expired BRP – for example, a non-EEA family member making a late application – should either apply before that date or ensure they hold a valid passport or other acceptable identity document.
6. Tidying up: the EUSS administrative review route
Finally, the Statement deletes Appendix AR (EU) from the Immigration Rules. Administrative review of EUSS decisions closed to new applications in April 2024 and all outstanding reviews have now been concluded, so the appendix is spent. Challenges to EUSS decisions now proceed by way of appeal to the First-tier Tribunal under the Immigration (Citizens’ Rights Appeals) (EU Exit) Regulations 2020 or, where no right of appeal exists, by judicial review.
What you should do now
For most EUSS status holders these changes are positive, but they reward those who act. If you hold pre-settled status and your circumstances have changed – a separation, a bereavement, a period abroad, or a sponsor who has left the UK – do not assume that your status is safe, and equally do not assume that it is lost. The proportionality safeguard and the new provision for children in education both depend on presenting the right evidence at the right time.
If you are a family member who has recently arrived in the UK to join an EU citizen relative, note the three-month deadline carefully. If you have travelled on a new passport, update your UKVI account before you next leave the country. And if you still hold only an expired BRP, resolve your identity documents before 9 December 2026.
How Morgan Hill Solicitors can help
Our immigration team advises EU, EEA and Swiss citizens and their family members on every aspect of the EU Settlement Scheme, including late applications, joining family member applications, responses to pre-settled status reviews, derivative rights of residence, appeals to the First-tier Tribunal and judicial review. We are accredited immigration specialists and we advise in English, Urdu, Punjabi, Bengali and Arabic. It’s all about you, not us – so if any of the changes described above may affect you or your family, please contact us for a confidential initial discussion at any of our offices in London, Ilford, Romford or Manchester, on 0203 5000 699 or by email to info@MorganHillSolicitors.com.
About the author
Rao Manzoor-ul-Haque Khan is the Principal Solicitor and Managing Director of Morgan Hill Solicitors, a Lexcel-accredited multi-disciplinary practice with offices in the City of London, Ilford, Romford and Manchester. He is a Solicitor of the Senior Courts of England and Wales, a member of Lincoln’s Inn and an Advocate of the High Court in Pakistan, and holds an LL.M. in Commercial Law from the University of Glasgow.
This article is provided for general information only and does not constitute legal advice. The law is stated as at 11 September 2026 and is subject to change. You should obtain advice on your own circumstances before acting or refraining from acting on anything contained in it. Morgan Hill Solicitors Ltd is authorised and regulated by the Solicitors Regulation Authority (SRA No. 669684).