Change to EUSS rules that is likely to benefit many pre-settled status holders
On 24 June 2025, the government introduced a new round of changes to the existing immigration rules. While these updates covered several areas, this article will focus specifically on the changes affecting the ‘continuous residence’ requirement under the EU Settlement Scheme (EUSS) and the private life route rules. These updates form part of the broader EUSS continuous residence rule change 2025.
What Is the EUSS Continuous Residence Requirement?
One of the key takeaways from the recent changes is the Home Office’s revised approach to the ‘continuous residence’ requirement for individuals with pre-settled status seeking settled status.
To qualify for settled status, an EU citizen or their family member with pre-settled status must demonstrate to the Home Office that their residence in the UK began by 31 December 2020 and that they have lived in the UK continuously for at least five years. It is important to note that joining family members of EU citizens who were already living in the UK by 31 December 2020 may begin their residence at a later date. However, they must still show that they have completed a continuous five-year residence period in the UK before applying for settled status.
Previously, the continuous residence requirement was satisfied as long as the individual had not been absent from the UK for more than 180 days in any rolling 12-month period, and had not had a single absence exceeding six months. The Home Office did allow a one-time absence of up to 12 months for an important reason. Sometimes the Home Office also take a more generous approach where there have been absences of more than 12 months but these related to Covid-19. However, exceptions were limited in scope and proved restrictive, and as such, it led to many individuals losing their ability to qualify for settled status.
How the 2025 Rule Change Affects Pre-Settled Status Holders
The Home Office will now consider the continuous residence requirement met if a pre-settled status holder can demonstrate that they have been resident in the UK for at least 30 months within the most recent 60-month (five-year) period. Rather than looking at absences over the course of each 12 month period, the Home Office will now look at the entire 60 month period and see whether absences are more than 30 months. Importantly, there is no longer a requirement to justify absences that may be longer than 12 months but within 30 months. This new approach is part of the EUSS continuous residence rule change 2025.
What This Means for Settled Status Applications
So, what does this actually change?
This revised approach allows individuals who previously had a continuous absence of more than 12 months, and who have been granted pre-settled status following a period of residence that started before 31 December 2020, to now qualify for settled status. More significantly, it enables individuals to meet the continuous residence requirement further down the line, even if they do not currently qualify.
Many holders of pre-settled status received automatic extensions, initially for two years and now for five years, but may have been discouraged from applying for settled status due to breaks in their residence. Under the new rules, any person with an automatic extension may still be eligible to apply for settled status, provided they can show that, at the time of application, they had been resident in the UK for at least 30 months within the previous 60-month period. This means that an individual can rely on any relevant 60-month period, for example, from 2022 to 2027, in order to demonstrate the required 30 months of UK residence. These changes provide new hope for many under the EUSS continuous residence rule change 2025.
Changes to ILR Rules for Children Under Private Life Route
In October 2021, the Home Office introduced a concession allowing children to qualify for Indefinite Leave to Remain (ILR) after five years of lawful residence in the UK, provided they met or had previously met the “half-life” test under the private life route. This test applies to applicants aged 18 to 25 at the date of application who arrived in the UK before turning 18 and can demonstrate that they have spent at least half of their life in the UK.
Under the latest changes, the Home Office will now grant ILR to children who were granted leave to remain on private or family life grounds before 20 June 2022, provided they have completed five years of lawful residence and meet (or previously met) the half-life test at the time of application.
In addition, the Home Office will now grant ILR to children who were granted leave to remain under the 10-year private life route based on their seven years of residence in the UK, once they have completed five years of lawful residence. This marks a significant departure from the previous 10-year route to settlement and allows eligible children to settle much earlier.
Expert Support with Your Settled Status Application – Free Initial Appointment Available
At OTB Legal, our team are experts in settled status applications and the evolving rules under the EU Settlement Scheme. We understand the impact these changes can have on your future in the UK and have helped hundreds of individuals successfully navigate complex cases—including those involving long absences or unclear residence histories. If you’re unsure about your eligibility under the new rules, we offer a free initial appointment to assess your case and guide you on the best path forward. Getting the right advice early can significantly improve your chances of a successful outcome.
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