New absence rules make it easier for EU citizens to qualify for settled status
From 16 July 2025, the Home Office has introduced a more flexible way for pre-settled status holders to prove continuous residence in the UK and qualify for settled status under the EU Settlement Scheme.
This change comes through the latest update to the Immigration Rules (Statement of Changes HC 836) and offers a welcome solution for thousands of EU citizens who may have struggled to meet the previous strict absence criteria.
What’s changed?
Pre-settled status holders can now meet the five-year continuous qualifying period in one of two ways:
By meeting the existing continuous residence rules
By proving they’ve been physically present in the UK for at least 30 months within the last 60 months (at the time of application or automated assessment).
This alternative rule means that applicants no longer need to justify long absences, as long as their total time spent in the UK reaches 30 months over a rolling five-year period.
Practical impact for pre-settled status holders
The change is designed to help those who, due to confusing absence rules or exceptional circumstances like the COVID-19 pandemic, may have unintentionally broken their continuous residence.
There is no limit on how the 30 months are spread out. For example, applicants could have been in the UK every other month, or even had a single long absence of up to 2.5 years – both would be acceptable.
Unlike the old rules, justification for absences is not required, as long as the total UK presence hits the 30-month threshold.
However, this flexibility does not shorten the five-year qualifying period for settled status. Applicants still need to have started their UK residence at least five years before applying, unless they qualify under a separate exemption (e.g. ceased activity cases).
How this affects automated and manual applications
The new rule applies to both manual settled status applications and automated decisions. However, the automation system may take longer to reflect the update, as it currently checks for six months of activity in each year.
Until the system is updated to look for 30 months of activity over five years, pre-settled status holders are advised to apply manually if they believe they meet the new rule, even if they were previously refused or passed over by automation.
Refused applicants can reapply
If someone was refused settled status under the old absence rules, they can reapply from 16 July if they now meet the new criteria. In most cases, those refused in the past still hold valid pre-settled status, allowing them to make a fresh application.
Important: status must not have lapsed
To benefit from the new rule, the applicant must still hold valid pre-settled status. If a person was absent from the UK for more than two continuous years before 21 May 2024, their status may have lapsed automatically under the law in force at that time.
After 21 May 2024, the lapse period was extended to five years, which means absences beyond that date are assessed under the newer, more generous rule.
Why this change matters
The Home Office acknowledged that many EU citizens misunderstood or were caught out by the earlier complex absence rules — particularly during and after the COVID-19 pandemic. These changes are a fairer, more proportionate way to recognise those who have built a life in the UK, even if their residence hasn’t been perfectly continuous.
By reducing the risk of refusal due to technical breaches of the rules, the new approach helps more EU nationals successfully secure settled status — protecting their rights and providing certainty about their future in the UK.