Moving from pre-settled to settled status – Absences

What has changed about absences for pre-settled status holders? 

Originally there was only one set of continuous residence rules that applied to the EU settlement scheme (EUSS). These original rules are set out in the section How does continuous qualifying residence work? and still apply to persons applying to the EUSS who have not yet been granted status. If you do not have EUSS status and are applying to the EUSS you should read this section carefully. 

However, for those who have been granted pre-settled status, the Home Office announced on 24 June 2025 a change to the continuous residence rules for pre-settled status holders to qualify for settled status. The new continuous residence rule took effect on 16 July 2025 and makes calculating absences from the UK in the 5-year continuous qualifying period for settled status simpler. Note that the new rule does not change the original continuous residence rules which continue to apply, but instead allows an alternative way for a pre-settled status holder to complete a 5-year continuous qualifying period. It does not matter which rules the pre-settled status holder meets to qualify for settled status, as long as they can show that they satisfy either the original or new continuous residence rules. 

What is the new continuous residence rule for pre-settled status holders? 

The new continuous residence rule means that pre-settled status holders who can prove that they have been resident in the UK for at least 30 months in the most recent 60 months qualify for settled status. Therefore, as long as pre-settled status holders can show they have been in the UK for at least 2.5 years over the course of the last 5 years, they will be eligible for settled status (though, please see below on lapsed leave cases). There is no need to justify longer absences from the UK as long as the pre-settled status holder does not exceed the allowance of 30 months. 

What is the benefit of the new approach to pre-settled status absences? 

Although many pre-settled status holders met or will meet the original rules and to be granted settled status, a significant number of pre-settled status holders have had extended absences from the UK (in many cases relating to the COVID-19 pandemic), which have created complicated absence situations meaning they may not meet the original rules (or make it hard for the person to provethat they meet the original rules). 

By abandoning the approach that generally limits absences to six months within 12 months periods and simply allowing a total amount of time that can be used for absences at any point over the 5-year continuous qualifying period, the Home Office has made many pre-settled status holders who might have struggled to qualify for settled status, eligible. The new approach should also be simpler to prove, as the pre-settled status holder just needs to show that they have been resident for 30 months within the whole 5-year continuous qualifying period, rather than producing residence evidence for each year of the 5-year period. 

How can a pre-settled status holder prove they have 30 months of UK residence? 

In an application for settled status, the Home Office will consider the following sources of residence evidence in sequence, to determine if the applicant meets the residence conditions (has 30 months of residence in the last 60 months):

• National Insurance records (HMRC and DWP records)
• Travel Data (i.e. case workers look at travel in and out of the UK to determine periods of UK residence)
• Evidence provided by the applicant (see the guidance on residence evidence at gov.uk)

It is still recommended that if you are applying for settled status that you upload documents to show your UK residence with your application. However, if you have limited evidence of your UK residence then the Home Office checking your travel data should hopefully assist to prove that you have been living in the UK and qualify for settled status. 

If pre-settled status holders only need to show 30 months of UK residence, do they still need to have lived in the UK for 5 years to apply? 

Yes, the requirement that pre-settled status holders in most cases have completed a 5-year continuous qualifying period has not changed. This means if you are applying for settled status you should have moved to the UK at least 5 years ago. The date the 5-year continuous qualifying period began is the date you moved to the UK, not the date you were granted pre-settled status. 

Can pre-settled status holders use the automatic 5 years extensions to meet the new rule? 

Yes, the new rule assesses the most recent 5-year period working backwards from when you apply for settled status. There is nothing in the rule that prevents pre-settled status holders from relying on their automatic extensions to build up the 30 months of UK residence required to meet the conditions. However, please note that until someone meets the continuous residence rules, there is the possibility that Home Office could seek to remove the pre-settled status. 

What if the pre-settled status holder has already been refused settled status?

If you applied to upgrade your pre-settled status to settled status but were refused because the Home Office did not accept you met the original continuous residence rules, you can apply again and can be granted settled status if you meet the new rule (as long as you still have pre-settled status). The previous refusal is disregarded and your application will be considered under the new continuous residence rule.

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This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.