The Home Office has confirmed it will adopt a more flexible approach to the residency requirements when assessing whether those with pre-settled status are eligible for settled status after five years in the UK. The change takes effect from 16 July 2025 and any applications submitted prior to that date will be decided in accordance with the current rules.

The current position in relation to the residency requirements is that, to be eligible to obtain settled status, individuals must generally not be out of the UK for more than 180 whole days in any rolling 12-month period during the five year period prior to their application for settled status being made. If they do exceed this limit the applicant will usually break their continuity of residency under the EU Settlement scheme. Certain exceptions do apply and individuals may be absent for a single period of up to 12 months without breaking their continuity of residence if the Home Office deems that the absence was for an “important reason” (examples include serious illness, childbirth, overseas posting). There are also some further concessions for absences if these were due to the Covid pandemic. However, these rules can be complicated and evidence must be provided by the applicant to support the reason for their additional absences.

From 16 July 2025, the rules will be simplified so that an individual with pre-settled status will meet the continuity of residency requirement to obtain settled status provided they have been residing in the UK for at least 30 months in the most recent 60-month period. This can be any 30 months within the 60-month period. 

These are welcome changes as it will make it easier for individuals to meet the continuity of residence requirement for settled status. If you have previously been refused settled status on the basis of too many absences out of the UK it’s recommended that you review your schedule of absences to check if you may now meet the new criteria and, if so, submit a new application on or after 16 July 2025.