The Home Office has introduced an important change to the EU Settlement Scheme (EUSS) which could result in more pre-settled status holders being able to obtain settled status.
What has changed?
In order to qualify for settled status, a person with pre-settled status must have lived in the UK for five continuous years. However, the length of time a person can be outside the UK, and still meet the continuous residence requirements for settled status changed on 16 July 2025, following an amendment to the Immigration Rules. Applicants are now required to have been present in the UK for at least 30 months of the past 60 months. The previous rules required a person to be in the UK for 6 out of any 12-month period so this amendment provides greater flexibility for settled status applicants who have spent time outside the UK.
Applying for settled status
Anyone person who has pre-settled status has been refused settled status on the basis that they did not meet the continuous residence rules because they had exceeded the permitted period of absence from the UK should now seek immigration advice as they may now qualify for settled status.
Council services, including social care services, should identify any pre-settled status holders they are supporting and encourage they access immigration legal advice where they have previously been refused settled status. See our webpage for further information on where to find immigration legal advice, including from organisations who provide free advice services to EEA nationals and their family members.
The Home Office has also begun automatically upgrading eligible pre-settled status holders to settled status, using government-held data to verify continued residence and good character and so some individuals should see this automatic transfer of status.
However, people with pre-settled status should still seek advice and make an application for settled status as soon as they believe they are eligible. Until a person has obtained settled status, their ability to access certain means-tested benefits and local authority housing and homelessness assistance will be subject to having a right to reside. See our webpages on pre-settled status and benefits and eligibility for homelessness assistance.