EUSS status ‘granted in error’: what does it mean and what should you do? 

There are millions of European nationals living in the UK. When the UK left the European Union (EU), these EU nationals needed to apply for immigration status because the EU’s free movement of people ended. The Home Office created the EU Settlement Scheme (EUSS) for EU nationals living in the UK and quickly began making decisions in more cases than under any other UK immigration route. The application process was set up to be simple and streamlined. However, the speed of decisions sometimes meant too little attention was paid to the details of each case. This led to some applicants being granted EUSS status based on incorrect information or without enough evidence. 

What does it mean if your EUSS status was ‘granted in error’? 

It means the Home Office believes you have been granted pre-settled status by mistake. This could be because you did not provide enough evidence or gave incorrect information when you first applied but the Home Office missed this when deciding your case. 

If the Home Office concludes your pre-settled status was ‘granted in error’, you will be sent a notice. This notice will invite you to submit alternative evidence to show you meet the requirements of the EUSS. Responding to this notice is important because it could correct the issue. You will need to show you are entitled to the status, even if insufficient evidence was submitted with your original application. 

Who can receive a ‘granted in error’ notice?

Both pre-settled status and settled status holders can receive a ‘granted in error’ notice. If you have pre-settled status and have received a notice, your case will most likely have been flagged to the Home Office when you applied for settled status or when a family member applied to join you in the UK. 

Case law shows that when the Home Office has given someone leave to remain (such as pre-settled status) in the UK because of a Home Office error, the person is allowed to stay in the UK until their leave expires. If you hold EUSS pre-settled status, you are allowed to stay for another five years if you have just received an automatic extension of your pre-settled status. 

If you hold settled status, you can also receive a notice that your status has been granted in error. You can keep your indefinite status (settled status). However, if you receive a ‘granted in error’ notice, you will not be allowed to sponsor any family members to join you in the UK. If you have sponsored family members, they will be affected by the ‘granted in error’ notice.

What should you do if you receive a ‘granted in error’ notice?

What you need to do will depend on when your pre-settled status expires. Receiving a ‘granted in error’ notice will not give you a right of appeal. The Independent Monitoring Authority on Citizens’ Rights (IMA) has concerns about this. Because there is no right of appeal against the ‘granted in error’ notice, the only way to challenge the notice would be by judicial review. If you receive the notice after applying for settled status and your application is refused, you could have a right of appeal against that refusal.

If you receive a ‘granted in error’ notice and your pre-settled status is due to expire soon, you should first respond to the Home Office’s request for further evidence. You should also consider whether to submit an application for settled status before your pre-settled status expires (even if a previous application has been refused). If you have a valid application pending when your pre-settled status expires, your rights may be protected by section 3C leave. This means your existing immigration status can continue while the Home Office considers your application and during a subsequent appeal, allowing you to stay in the UK and continue exercising your rights. However, there is an important complication. Section 3C leave only arises if your application remains undecided when your pre-settled status expires. If the Home Office refuses your settled status application before that date, section 3C leave will not be triggered, even if you later appeal the refusal. This can leave you in a difficult position if you want to challenge the refusal.

For this reason, anyone who receives a ‘granted in error’ notice should carefully consider their options and seek legal advice as early as possible.

Recent developments

From the start of the EU Settlement Scheme in 2018 until the end of June 2026, around 1500 people received notices that their pre-settled status had been granted in error (this does not include those granted settled status in error). As lawyers advising on the EUSS, we have seen a clear increase in the number of people contacting us with questions about ‘granted in error’ cases. We believe the Home Office is regularly reviewing the basis for original grants of EUSS status.  

The Home Office only published information about the ‘granted in error’ policy in its EUSS caseworker policy on 11 November 2025, which led the IMA to investigate the process. In addition to the IMA’s concerns, the EU citizens’ grassroots organisation the3million is challenging the entire ‘granted in error’ policy through judicial review. This step could change how the Home Office views these cases. It is therefore important to keep yourself updated with the latest developments in the legal challenge.