On 24 June 2025, the Home Office published a Statement of Changes to the Immigration Rules that included a very welcomed change that simplify the absence rule under the EU settlement scheme (EUSS) for moving from pre-settled to settled status. The new absence rule should mean that many pre-settled status holders who might not have previously qualified for settled status because of complex absence situations may now be able to.
The new rule came into effect on 16 July 2025.
In brief, the new rule which applies to pre-settled status holders, means that you should show you’ve been resident in the UK for at least 2.5 years (30 months) within the most recent five-year period, when you apply for settled status.
That means your absences can be one long period or multiple shorter ones. What matters is that in the last five years before you apply for settled status, your total time outside the UK does not exceed 30 months.
The original absence rule still applies, but many pre-settled status holders will likely find the new rule more straightforward to meet. The original rule requires at least six months of residence in the UK in each twelve-month period over the five-year qualifying period (with limited exceptions),
You can read more about the new rule if you hold pre-settled status on the page “Moving from pre-settled to settled status.” https://eucitizens.uk/eu-eea-citizen-living-in-the-uk-before-31-december-2020/moving-from-pre-settled-to-settled-status/
Make sure to seek regulated legal advice if you’re unsure about how this change affects you.
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