A new absence rule is being introduced to sit alongside the existing limits, making the EU Settlement Scheme’s continuous residence test significantly more generous for pre-settled status holders.
From 16 July 2025, under the provisions of the Statement of Changes HC 836 (laid on 24 June 2025), Annex 1 of Appendix EU is amended, redefining the “continuous qualifying period” so that holders of pre-settled status have an additional route to complete the required five years’ continuous residence.
EU Settlement Scheme Absence Rules
Under the EU Settlement Scheme (EUSS), moving from pre-settled to settled status, or to keeping the status you already hold, requires you to meet the “continuous qualifying period” test.
Continuous residence is built around absence limits, and with effect from 16 July 2025, the Home Office now operates two parallel sets of rules.
Traditionally, an applicant had to show five years in the UK during which they were absent for no more than six months in any rolling 12-month period. A single, longer absence of up to 12 months is tolerated if it was for an “important reason” such as pregnancy, serious illness, study or an overseas work posting. Time spent on Crown service also does not count as an absence.
Any break longer than those limits irreversibly stopped the five-year clock, requiring the person to start again.
From 16 July 2025 a new, alternative rule written into Appendix EU gives pre-settled status holders a second way to finish their five-year qualifying period.
If, at the point of application (or when the Home Office makes an automatic upgrade), the person can prove they have spent at least 30 months physically present in the UK during the most recent 60-month window, they are treated as having completed five years’ continuous residence, regardless of how the absences were distributed and with no need to justify them
In practice, therefore, someone could spend alternating months in and out of the UK, or take a single break of almost two-and-a-half years, and still qualify, provided they meet the 30-month “UK time” threshold.
The original six-month rule has not been abolished. Applicants may rely on whichever test is easier to satisfy.
The five-year residence period itself is unchanged, so you still need to have moved to the UK at least five years before the decision date, unless you qualify under the special “ceased activity” provisions.
The automation system that converts eligible pre-settled holders to settled status is also to be re-programmed to look for 30 months of National Insurance activity anywhere in the five-year span, but those who can evidence the necessary UK presence are advised to apply manually rather than wait for the system to catch up.
Absence rules also govern whether the underlying pre-settled or settled status ‘survives’. Since 21 May 2024, pre-settled status lapses only after a single, continuous five-year spell outside the UK; the earlier two-year limit still applies to anyone who crossed that threshold before the change. Settled status is lost after an unbroken absence of five years. Because the new 30-month concession only helps people who still hold valid pre-settled status, anyone whose leave has already lapsed, because they were abroad for two years before May 2024, cannot benefit.
Importantly, the Statement of Changes makes clear that the Home Office can still curtail pre-settled status if, on the facts, the holder no longer meets either absence test and removal would be proportionate.
As such, those who have spent very little time in the UK should not rely on the flexibility of the new rule alone; they must accrue enough UK presence before their status is reviewed.
Need assistance?
From 16 July 2025, the EUSS offers a far more forgiving absence test. If you can prove 30 months in the UK during any recent five-year window or keep under six months away in any year (with one possible longer “important-reason” break), the continuous residence requirement has been satisfied. To safeguard your status, it is advisable to monitor your travel dates, keep documentary proof of your travel and return to the UK at least once every five years to safeguard your path to full settled status. For advice on your specific circumstances, contact us.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
