By JP Breytenbach, Director at Breytenbachs Immigration Consultants
We are pleased to share excellent news for EU Settlement Scheme (EUSS) applicants holding pre-settled status. The Home Office has recently introduced a positive and pragmatic change that will significantly simplify the way to settled status for thousands of individuals.
These changes, introduced under the Statement of Changes in Immigration Rules (HC 836), published on 24 June 2025, reflect a more flexible and compassionate interpretation of continuous residence, a key requirement for the transition from pre-settled to settled status.
Understanding the context:
The EU Settlement Scheme was established to safeguard the residence rights of EU, EEA, and Swiss citizens, as well as their family members, who were living in the UK before the end of the Brexit transition period.
It offers two statuses: pre-settled status (limited leave to remain for five years) and settled status (indefinite leave to remain). Until now, the move from pre-settled to settled status required continuous residence in the UK for five years. ‘Continuous residence’ was interpreted to mean that the applicant could not be absent from the UK for more than six months in any 12 months, with minimal exceptions (such as a single absence of up to 12 months for important reasons, or unavoidable absences related to COVID-19).
Many pre-settled status holders have unintentionally fallen foul of these strict absence limits.
Whether due to family emergencies, pandemic-related travel restrictions, or misunderstandings about the rules, clients have often exceeded their allowed absence periods. This placed their eligibility for settled status, and by extension, their long-term right to remain in the UK, in jeopardy.
What has changed?
To address this issue, the Home Office has amended the rules in a manner that offers both clarity and flexibility. As set out in paragraph 5.15 of the Explanatory Memorandum to HC 836: “To simplify the assessment of continuous residence, these changes allow a pre-settled status holder to be granted settled status where he has been resident in the UK for at least 30 months in total in the most recent 60-month period. This can be any 30 months within those 60 months.”
In other words, rather than requiring strict and uninterrupted residence over five continuous years, applicants can now qualify based on any combination of months totalling 30 months of UK residence in the last five years.
Who will benefit?
This change is far-reaching. It will benefit: many, amongst those who will benefit are individuals who temporarily relocated abroad but maintained strong ties with the UK;
- Those whose absences were more extended than expected due to health, family, or employment reasons;
- People confused by the complex wording of the original continuous residence rules.
Whether you are currently holding pre-settled status or advising a family member, this news may dramatically improve your or their eligibility for settled status.
We strongly advise reviewing your UK residence history from the past five years.
If you can demonstrate a cumulative total of 30 months of residence, you may now qualify for settled status, even if you exceed previous absence thresholds.
This change may also help avoid future complications with work, study, benefits, or long-term planning in the UK.
Final Thoughts
This change is a clear step toward a more balanced and practical immigration system. The changes and clarity given provides greater security for those who have made the UK their home, while maintaining the integrity of the EU Settlement Scheme.
Disclaimer
This article does not constitute legal advice. For tailored immigration guidance, please contact a qualified consultant at Breytenbachs Immigration Consultants.
About the Author
This article was reviewed by JP Breytenbach, Director of Breytenbachs Immigration Consultants. His legal expertise and practical experience ensure that all content produced by Breytenbachs meets the highest standards of accuracy, professionalism, and compliance.
