Important update for EU citizens in the UK
On 9 April the Home Office published an announcement setting out that some pre-settled status holders will have On 2 November 2026, the UK Government confirmed major changes to the rules on settlement. Settlement is also called indefinite leave to remain (ILR). Under the new “earned settlement” system, in many cases people will have to wait 10 years for ILR instead of the 5 years which apply to most immigration routes today. Although not confirmed, it appears the changes will start to be added to the Immigration Rules from December 2026 and will be implemented during 2027.
If you have status under the EU Settlement Scheme (EUSS), these changes will not affect you. The EUSS is protected by the Withdrawal Agreement between the UK and the EU. That means the EUSS will not be changed by the new settlement rules.
What the new ILR rules mean for EUSS status holders
The Withdrawal Agreement obliges the Home Office to apply safeguards to ensure EU settlement scheme status is not removed in contravention of the Agreement. This means that when the Home Office identifies a pre-settled status Your rights under the EUSS stay the same. This means:
- If you already have settled status, nothing changes. Your status and rights stay the same.
- Settled status still normally takes 5 years. You still need 5 years of continuous residence to qualify for settled status. In some limited cases, you can get it sooner.
- Pre-settled status holders keep the 5-year route to settlement. Even once the new settlement rules are introduced, the 10-year wait does not apply to pre-settled status holders.
Family members under the EUSS
Family members living in the UK by 31 December 2020 who have been sponsored under the EUSS can get settled status after 5 years of continuous residence.
Family members who joined an EU citizen in the UK on or after 1 January 2021 and have been granted a pre-settled status or an EUSS Family Permit can get settled status after 5 years of continuous residence as a sponsored family member. Children under 21 are entitled to settled status if their sponsoring parent holds this status and so do not need 5-years residence.
Which EU citizens may be affected?
Some EU citizens moved to the UK on or after 1 January 2021. Many came on a visa, such as a Skilled Worker visa, instead of through the EUSS. If you do not have EUSS status and do not yet have ILR, the new rules may apply to you.
This could mean a longer wait for ILR. How long you need to wait before you qualify for ILR will depend on the new conditions on earnings, English, National Insurance payments, debts to the taxpayer and criminal record. Although in many cases the qualifying period for ILR will be 10 years, you may qualify sooner.
If you are the family member of an EUSS status holder who has been sponsored under the domestic family visa rather than under the EUSS, the changes to the settlement rules will affect you based on the information provided by the Home Office.
Which EU citizens may be affected?
If you have pre-settled status, check when you can upgrade to settled status. Read how to move from pre-settled to settled status.
If you do not have EUSS status but think you qualify, you can still make a late application. You will need to show reasonable grounds for missing the deadline. Read more about late applications.
If you are unsure where you stand, you should seek legal advice from a regulated adviser.
You can also read our earlier update on the settlement changes.
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