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 So what does continuous residence actually mean? and are the only rules that 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 that section carefully. 

However, for those who have been granted pre-settled status, the Home Office changed the continuous residence rules to make it more straightforward to qualify for settled status. The new continuous residence rule began for manual settled status applications on 16 July 2025 and since 9 April 2026, is applied to automatic upgrades to settled status. Note that the new rule does not change the original continuous residence rules which continues 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. There is no need to justify any 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 and means they may not meet the original rules (or make it hard for the person to prove that 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. The flexible approach also means that some pre-settled status holders who are not currently eligible for settled status may become eligible in the future once they have built up enough UK residence. 

Does the new approach apply to automatic upgrades to settled status? 

Yes, since 9 April 2026 the Home Office applies the 30 months in the most recent 60 months continuous residence rule when assessing if a pre-settled status holder can be granted settled status automatically (see the section Moving from pre-settled to settled status – Automation). 

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

In a manual 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 (i.e. has 30 months of residence in the last 60 months):

• Tax and benefit data (checked using National Insurance 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 Home Office guidance on evidence of UK residence)

When you apply for settled status the Home Office will tell you if your National Insurance records show 5 years continuous residence. If your records show you meet the new rule you are not required to submit any additional evidence. 

If you National Insurance records do not show 5 years continuous residence it is recommended that you upload documents to show your UK residence with your application, even if your confident your travel data would show you have been resident for 5 continuous years. 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 have completed a 5-year continuous qualifying period has not changed (there are some limited exceptions to this requirement). 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. Note however, that once you have lived in the UK for 5 years the Home Office will assess the most recent 5-year period to see that you have 30 months of UK residence. In other words, the assessment will look at the most recent 5 years working back from the date of application for settled status. 

For example, you moved to the UK in January 2020 and were granted pre-settled status in January 2021. You applied for settled status in January 2026 at which point you will have lived in the UK for six years at the date of your settled status application. Although January 2020 is the beginning of your continuous qualifying period under the EUSS, the new absence rule only looks at your residence in the most recent 5 years from the date you apply for settled status. Therefore, based on your settled status application being made in January 2026, the residence period looked at is the 5 years between January 2021 and January 2026. Any residence between your arrival in January 2020 and January 2021 is not assessed in the application. 

Can pre-settled status holders use the automatic 5 years extension 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 an automatic pre-settled status extension 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. It is therefore, important to bear in mind that even though pre-settled status holders who have not been living in the UK could in theory return to live in the UK and attempt to accrue 30 months of UK residence, it is possible that the Home Office will seek to curtail their pre-settled status before they have the chance to build up the necessary UK residence to qualify for settled status. It is therefore important for pre-settled status holders who have limited UK residence to consider their position carefully and if you are considering trying to build up 30 months of UK residence, it is recommended you speak to a qualified and regulated legal adviser about your situation. We have provided more information about finding a qualified and regulated legal adviser in the section Where can I find regulated immigration advice?

What about pre-settled status holders already 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.

What is “lapsed Leave” and how can this affect qualifying for settled status?

Pre-settled status holders who were absent from the UK continuously for 2 years before 21 May 2024 were treated by the Home Office as if their status was automatically lost (referred to as “lapsed” or “lapsing” leave). This could have prevented them benefiting from the new continuous residence rule, even if they have 30 months of residence in the last 5 years. The Home Office has acknowledged this problem and has committed that pre-settled status holders who may have been impacted by the lapsing leave rules can still rely on the new continuous residence rule and qualify for settled status if they have at least 30 months of UK residence. 

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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.