Introduction

Following Brexit, EU, EEA and Swiss nationals and their family members who were living in the UK before 31 December 2020 could apply to the EU Settlement Scheme (EUSS) to protect their UK residence rights. Many of those who were granted pre-settled status established their employment, family and home in the UK, and expected to become eligible for settlement after completing five years’ continuous residence.

We are increasingly hearing reports of pre-settled status holders who, on trying to apply for settled status, are informed by the Home Office that their pre-settled status was granted in error. The Home Office’s updated guidance contains examples of circumstances where the Home Office can decide that a person’s pre-settled status will be allowed to expire, rather than automatically extended or converted to settled status. The Independent Monitoring Authority (the body responsible for monitoring the implementation of the citizens’ rights provisions of the EU-UK Withdrawal Agreement) understands that the Home Office are checking an individual’s EUSS status where:

• An EUSS status holder applies to convert from pre-settled status to settled status; or
• A joining family member applies to the EUSS, and their sponsor’s EUSS status is checked as part of the joining family member’s application.

‘Granted in error’ Home Office guidance

Home Office guidance states that a person’s EUSS status will only be considered to have been granted in error, where there is information or evidence showing the person did not meet the requirements for obtaining that status.

The guidance gives a few examples of situations where this might happen:

• There is information or evidence which shows that an EUSS status holder only obtained an EEA nationality after 31 December 2020
• There is information or evidence which shows that an EUSS status holder was not resident in the UK before 31 December 2020
• A person applied as a joining family member of a relevant sponsor, but was incorrectly granted a status as a relevant EEA citizen

When the Home Office considers a person was granted EUSS status in error, they must request additional information and evidence from that person. If the Home Office are still not satisfied that the person’s original EUSS status should have been granted, they must refuse the person/their family member’s application and inform them that their EUSS status will not be automatically extended and expire at the end of its validity.

If you receive correspondence from the Home Office questioning your status under the EUSS, you can contact us for advice through our website, by phone on 020 7401 6887 or by email at contact@gryklaw.com. Depending on your circumstances, there may be options to challenge the decision or to switch to an alternative immigration route.

UK Visas and Immigration (UKVI) are developing a digital immigration system. They are replacing physical documents with a digital record of applicants’ identity and immigration status. This is known as an eVisa.

Who can access an eVisa

You can usually access an eVisa if you have any visa which allows you to be in the UK for more than 6 months. Throughout 2025, eVisas began to replace visa vignettes/stickers for increasing numbers of applicants and their dependants, who will not have received any physical document to confirm their immigration status.

UKVI guidance now states that, as of 12 January 2026, most people granted a visit visa, and visas for 6 months or less such as some study, work, transit, and family visas, will get an eVisa as well as a visa vignette/sticker.

How to know whether you can expect to be issued an eVisa

You can expect not to receive a visa vignette/sticker if you use the ‘ID Immigration Check App’ to set up your immigration application form (please note the App is not available for all immigration routes). If you make an immigration application using an online form and attend an appointment to provide your biometrics, your VFS Global appointment confirmation letter should confirm whether you will require an eVisa (rather than a visa vignette/sticker) to travel to the UK, by stating ‘Visa Type: eVisa’.

You’ll usually be told by UKVI if you can access an eVisa when you get your visa decision.

eVisas will replace all visa vignettes/stickers in 2026

UKVI plans to stop issuing visa vignettes/stickers in 2026. All successful visa applicants will only get an eVisa.

Important things to note about eVisas

If you do not receive a visa vignette/sticker, it is important that you access your eVisa at the earliest opportunity after receiving a decision, and have access to it before travelling to the UK.

1. Prior to travelling to the UK, you must ensure your eVisa is connected to your current passport. You can check the identity document connected to your eVisa using this link (it should be the document included in your visa application). If you obtain a new passport, you must use the same link to update your UKVI account and ensure your current passport is connected to your eVisa, to avoid any potential issues when travelling. Current Home Office guidance suggests you should also obtain a share code via your UKVI account before travelling to the UK as your carrier of a border official may ask for it.

2. If you experience any issues with accessing your eVisa, you can raise the issue with the UKVI webchat. The Home Office have published support videos with instructions about accessing an eVisa here.

3. You should check your eVisa shows the correct details. If there are errors, you can report an error with your eVisa.

4. Your eVisa details must match the passenger information you give to your carrier.

5. If your partner and children are joining you in the UK as ‘dependants,’ they need their own UKVI accounts to access their eVisas.

Please note an eVisa is different from an electronic travel authorisation (ETA). An ETA allows people who do not need a visa to travel to the UK for up to 6 months. You can view our previous blog post, for information about ETAs.