A troubling trend is seeing EU citizens and their family members informed that their previously granted pre-settled status is void—often when they try to upgrade to settled status. If you are facing a "granted in error" decision, here is how you can challenge the ruling and safeguard your rights.
For millions of European citizens who made the UK their home, the EU Settlement Scheme (EUSS) was intended to be the definitive safeguard for their futures. However, a highly concerning legal battleground has emerged: the Home Office increasingly informing individuals that their previously granted pre-settled status was "granted in error."
This life-altering news often comes as an unwelcome surprise, particularly when a person proactively applies to upgrade their pre-settled status to permanent settled status. At D&A Solicitors, our dedicated immigration team is deeply concerned about this policy's impact. If you or a family member have been told your status is void, understand that you are not powerless—you have the right to challenge this finding.
Common Scenarios: Where the Home Office Gets It Wrong
While the Home Office uses "granted in error" to cancel or refuse extensions, advocacy groups such as the3million have highlighted significant patterns where the Home Office appears to be legally mistaken.
The two most common scenarios include:
Dual Nationals: Individuals who hold Italian citizenship from birth alongside another nationality often face erroneous cancellations, ignoring their complex but entirely lawful citizenship pathways.
Durable Partners: Relatives who do not possess a specific "relevant document" under old EEA Regulations frequently see their relationships discounted, despite clearly meeting the criteria of the Withdrawal Agreement.
The Limbo of "Continuous Rights"
In September 2026, a Home Office minister stated in Parliament that anyone informed their pre-settled status was granted in error can re-apply to the EUSS or appeal to the independent First-tier Tribunal if refused. Crucially, the minister asserted that those who re-apply before their current pre-settled status expires would continue to hold that status while the application or appeal is outstanding.
However, the reality on the ground is starkly different.
We are hearing from individuals who are actively appealing or re-applying, yet find themselves locked out of the system. Their eVisas erroneously show that their pre-settled status has expired, and they cannot generate the crucial "share codes" needed to prove their status. This forces them into the anxieties of the UK's "hostile environment"—suddenly unable to prove their right to work, rent, travel, or access healthcare, and leaving them at risk of losing their livelihoods and homes.
How to Protect Your Rights: Key Action Points
If the Home Office has sent you a "granted in error" decision, you must take urgent, strategic steps to protect yourself:
1. Re-Apply and Appeal Immediately
If your pre-settled status has not yet expired, submitting a new, robust application to the EUSS or lodging an appeal against a refusal is your first line of defence. Do not delay; the timing of your application is crucial to establishing your ongoing legal protections.
2. Beware of Leaving the UK (The Section 3C Trap)
If your pre-settled status is near its expiry and you are relying on a pending application or appeal to stay lawfully, you may be relying on "Section 3C leave." We strongly advise against travelling outside the UK while this is the case. If you leave the country, your Section 3C leave will immediately lapse, and you may be blocked from re-entering the UK entirely.
3. Challenge via Judicial Review (JR)
If the Home Office’s decision is fundamentally flawed, you can challenge it through a Judicial Review (JR). Note that a JR does not automatically extend your status if it expires, so it must be handled alongside your EUSS applications.
A JR must be filed promptly—no later than three months from the decision date. Crucially, you must first issue a Pre-Action Protocol (PAP) letter, giving the Home Office 14 days to respond. Because of these tight timelines, we recommend sending the PAP letter as soon as possible, ideally within six weeks of the decision.
You Need Expert Legal Advice
The EUSS and EUSS-related appeals are notoriously complex, and navigating a "granted in error" claim on your own can be incredibly high-risk. Proving your connection to the UK, your relationship, or your dual citizenship requires meticulous evidence, legal argumentation, and swift, expert representation.
At D&A Solicitors, we understand what is at stake. Our immigration specialists in Birmingham are here to help you deconstruct the Home Office's decision, prepare robust PAP letters, and represent you in tribunal appeals to ensure your life in the UK is protected.
If you have received a "granted in error" notice or are worried about your EUSS upgrade, contact the Immigration team at D&A Solicitors today for urgent, expert advice.
Call us on 0121 523 3601
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