Applicants for settled status under the EU Settlement Scheme (EUSS) can now meet the continuous residence requirement if they have been resident in the UK for at least 30 months in the 60 months immediately before the date of their application (or the date the Home Office considers eligibility for automated settlement).
This change has been made through a recent update to the Immigration Rules and applies to settled status decisions made from 16 July 2025.
Why is this change beneficial?
If you are a pre-settled status holder, you must continue to meet the requirements of the EUSS, including maintaining 'continuous residence' in the UK. Before this change, maintaining continuous residence meant not being outside the UK for more than 6 months in any 12 month period since 31 December 2020, with certain limited exceptions.
The Home Office has accepted that some pre-settled status holders may have been confused about what absences they from the UK were permitted under the scheme. This may have led some people to break the continuity of their residence without realising it, making them ineligible for settled status, and potentially putting them at risk of having their pre-settled status cancelled.
The change may resolve this issue for many pre-settled status holders.
If this change means I qualify for settled status, what should I do now?
If you now qualify for settlement under the EUSS because you meet the expanded continuous residence definition, we suggest that you consider making a formal application to secure settled status as soon as possible. This is because:
- Eligibility under this requirement is assessed based on the most recent 60 months from the date of application (or the date automated settlement is assessed), so if you are eligible now, you may not necessarily be eligible in the future if you have to leave the UK for an extended period;
- The date that automated settlement eligibility may be assessed is unpredictable, so could delay when you are recognised as having settled status; and
- The UK government has recently proposed a new 'earned citizenship' process. This, if implemented, may make it harder to qualify for citizenship – so gaining settled status as soon as possible will maximise the likelihood of gaining citizenship under the current arrangements.
What if I've already switched into another immigration route?
If your pre-settled status hasn't lapsed, been cancelled or found invalid, the Home Office will consider that you still have pre-settled status alongside your other immigration permission. You can apply directly for settled status under the EUSS once you are eligible.
Checking whether pre-settled status has lapsed may not be straightforward, as the law on this has changed over time. To err on the side of caution, we suggest seeking advice if you have been outside the UK for a continuous period of 2 years or more since you were granted pre-settled status.
What if I don't yet qualify for settled status because I have significant absences?
If your pre-settled status hasn't lapsed, you should consider planning your future international travel to help you accumulate the required continuous residence for settled status as soon as possible.
It is possible the Home Office may cancel your pre-settled status if you do not meet the extended continuous residence requirement, however the Home Office must assess whether this is proportionate on a case-by-case basis.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
