Changes to the absence policy for pre-settled status holders under the EU Settlement Scheme
On 24th June 2025, the government announced changes to the immigration rules which will enable more EU citizens and family members with pre-settled status to be eligible for indefinite leave to remain (settled status) and continue to live in the UK.
People with pre-settled status will qualify for settled status when they’ve been resident in the UK for at least 30 months (2.5 years) in total in the most recent 60 month period (5 years).
Changes apply from 16th July to the over 1.6m people with pre-settled status.
On 15th July 2025, we held a Q&A webinar, taking your questions on the absence policy changes. Together with Seraphus, we collated your questions and put together a comprehensive Q&A document, where you can find further answers to your questions.
Who will benefit from these changes
Over 1.6m people have pre-settled status under the EU Settlement Scheme and will be able to provide evidence of any 30 months of UK residence in the last 60 months, in order to qualify for settled status. This includes EU and non-EU family members of EU citizens with pre-settled status. (Though please note, family members must also satisfy other eligibility requirements in addition to residence in the UK).
- Example 1: Carla’s case - People who qualify under the new rules
Carla moved to the UK in March 2019. She was granted pre-settled status in December 2019. After she finished university, she left the UK in June 2020 and went backpacking for 11 months. She came back to the UK in May 2021 and has been living here ever since.
In the last 60 months (July 2020 - July 2025), Carla lived in the UK for 50 months. ✅
She can provide evidence of this continuous residence and apply for settled status (AFTER 16th JULY, when the rules come into place). Carla will not have to justify the 11-month absence.
Under the previous rules, she was at risk of having her status curtailed, as she was outside of the UK for more than six months in any 12 months since the end of December 2020, and backpacking does not count as an ‘important reason’ to justify a longer absence of up to 12 months.
- Example 2: Jan’s case - People who do not yet qualify but will qualify in the future
Jan moved to the UK in February 2017. He was granted pre-settled status in December 2019. He has two extended absences: from February 2020 - September 2021 (18 months, which was not COVID related) and from February 2023 - April 2024 (15 months).
In the last 60 months (June 2020 - July 2025), Jan has been in the UK for 28 months. ❌
He cannot yet qualify for settled status. As Jan is resident in the UK he can wait until after September 2025 to apply, and provide evidence of 30 months of residence in the last 60 months.
- Example 3: Laura’s case - People whose pre-settled status was deemed to have lapsed under law after a 2 year absence prior to May 2024
Laura is Dutch and was granted pre-settled status in January 2020. She lived in the UK from July 2019 to March 2020, when the COVID pandemic made her go back to Australia to look after her elderly parents who lived there. She was away for a total of 25 months, not returning to the UK until April 2022 when international travel from Australia returned to normal.
Because she was absent from the UK for over 2 years before 21 May 2024, the Home Office previously considered that Laura’s pre-settled status may be deemed to have lapsed in law, in accordance with the rules at the time.
Following representations from the3million and other organisations, the Home Office has now clarified that: "The rules for continuous residence have been simplified so a pre-settled status holder can be granted settled status if they have been resident in the UK for at least 30 months in total in the most recent 60-month period, including those whose leave was previously considered to have lapsed."
Even taking into account some of Laura's holidays since April 2022, she has been present in the UK for 36 months in the last 60 - so she qualifies under the new rules.
Your frequently asked questions
Under the new rules, can I apply for settled status if I started my residence 2.5 years ago, and have been living in the UK all this time i.e. I have 30 months of UK residence?
NO.
You must have started a qualifying period at least 5 years before you apply (with some limited exceptions - see here on the Government’s website). The beginning of your qualifying period is the date you moved to the UK, not the date you were granted pre-settled status. You must provide evidence of any 30 months of residence in the last 60 months.
Therefore, the requirement for settled status is still to have begun your UK residence 5 years ago. The only change is to how absences are taken into account.
Do these rules apply to family members of EU citizens who arrived after Dec 2020?
YES.
The rules apply to everyone who has been granted pre-settled status under the EU Settlement Scheme, including family members, both from the EU and non-EU countries. However, family members must also satisfy other eligibility requirements in addition to residence in the UK, such as maintaining their qualifying relationship, or demonstrating that they have 'retained rights of residence'.
Do these changes affect people making a first application now to the EU Settlement Scheme?
NO.
The rules only affect people who have been granted pre-settled status under the EU Settlement Scheme.
If you are making a first late application to the Scheme, please get legal advice.
You can find organisations and lawyers who provide free advice on www.the3million.org.uk/useful-links.
I have an absence of more than 2 years prior to 21 May 2024. Will I be able to get settled status?
If you have been resident in the UK for at least 30 months in the most recent 60-month period, then it does not matter that you had an absence of more than 2 years prior to 21 May 2024.
The Home Office has confirmed this in a policy paper which says: "The rules for continuous residence have been simplified so a pre-settled status holder can be granted settled status if they have been resident in the UK for at least 30 months in total in the most recent 60-month period, including those whose leave was previously considered to have lapsed."
Should I make an application for settled status or wait for the Home Office to automatically update my status?
The Government continues to advise everyone who is eligible for settled status to make an application to the EU Settlement Scheme, to get their rights confirmed.
These changes in the rules will also allow the Home Office to apply the new absences criteria in automation cases. Therefore people who meet the new rules may be automatically upgraded to settled status once this process goes live (we do not know when this will happen).
To get immigration advice for your application, you can find contact details of trusted advisers on www.the3million.org.uk/useful-links.
