New EU Settlement Scheme Absence Rule from 16 July 2025

Changes to the absence rules for EU Settlement Scheme

The UK Home Office has introduced a new, more flexible absence rule under the EU Settlement Scheme (EUSS), effective from 16 July 2025, following the Statement of Changes HC 836, laid before Parliament on 24 June 2025. This change redefines the “continuous qualifying period” for holders of pre-settled status, offering a second route to achieving settled status after five years of UK residence.

Background: Existing Absence Limits Under the EU Settlement Scheme

To transition from pre-settled to settled status, applicants must demonstrate five years of continuous residence in the UK. Traditionally, this has been based on strict absence limits:

• Absences must not exceed six months in any rolling 12-month period.
• A single absence of up to 12 months is permitted for an important reason (e.g. pregnancy, serious illness, study, overseas work posting).
• Crown service abroad does not count as an absence.
• Any breach of these limits resets the five-year clock, forcing the applicant to start again.

These original rules remain in place and continue to be an available route for those who meet the criteria.

What Changes from 16 July 2025? – The New 30-Month Rule

Under the amended Annex 1 of Appendix EU, a new alternative test allows greater flexibility for individuals with pre-settled status.

From 16 July 2025, an applicant can meet the continuous residence requirement if they can show:

At least 30 months of physical presence in the UK during the most recent 60-month period before applying or receiving an automatic upgrade to settled status.

This new rule ignores the distribution of absences over the five years and does not require any justification for longer breaks. For example, it would now be possible to:

• Alternate months inside and outside the UK, or
• Take a single continuous break of up to 2.5 years

… and still qualify, as long as 30 months of UK presence can be evidenced within a five-year window.

Key Points to Understand

• The original absence limits (six months per year, with one 12-month “important reason” exemption) remain in place. Applicants may choose whichever rule is more favourable to their circumstances.
• The five-year period for qualifying residence still applies — you must have entered the UK at least five years before your application or decision date, unless eligible under special exceptions such as ceased activity.
• Automatic upgrades to settled status for pre-settled holders will be adjusted to check for 30 months of National Insurance activity across the five years. However, if your UK presence is not captured via NI records (e.g. self-employed or homemaker), you are encouraged to apply manually with your own evidence.
• Since 21 May 2024, pre-settled status lapses only after a single continuous absence of five years. The old two-year rule continues to apply only to absences completed before that date.
• Settled status still lapses after five continuous years outside the UK.
• The Home Office retains the power to curtail pre-settled status if an individual fails both absence tests and removal is considered proportionate under immigration rules.

Practical Tips and Legal Advice

The updated rules make it easier to qualify for settled status, but caution is still required:

• Track your absences from the UK.
• Keep documentary evidence of travel dates and time spent in the UK (e.g. bank statements, tenancy records, utility bills).
• Ensure you re-enter the UK at least once every five years to avoid losing your pre-settled or settled status.
• If relying on the 30-month rule, do not wait for an automatic upgrade if your NI record is incomplete — apply manually.

Need Help?

At Deluxe Law Chambers, our specialist immigration solicitors are here to help you navigate the updated EU Settlement Scheme rules. Whether you need help proving your continuous residence, applying for settled status, or appealing a Home Office decision, we offer expert guidance tailored to your circumstances.

📞 Contact us today for professional advice on your route to permanent status under the EUSS.

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