The EU Settlement Scheme EUSS enables EU, other European Economic Area and Swiss citizens living in the UK before the end of the post-EU exit transition period at 11pm on 31 December 2020, and their family members, to obtain the immigration status they need to continue living in the UK.
In our previous blogs on EU Settlement Scheme (EUSS) we discussed recent Home Office updates on the EUSS Scheme announced on 17th July 2023. After the High Court ruling in late 2022 there was pressure on the Home Office to announce their amendments to the EUSS rules in order to implement the judgement.
The Home Office has updated its immigration rules Appendix EU and EU Settlement Scheme Guidance, published on 9th August 2023 when the new amendments started to apply. However, those updates were quite generic and lacked clarity on important points. So, we did not know what would happen to those pre-settled status holders who broke their continuity of residence.
Under the EUSS, an applicant who meets the requirements in Appendix EU is granted settled status (indefinite leave to enter or remain), generally where they have been continuously resident in the UK for five years, or otherwise pre-settled status (five years’ limited leave to enter or remain). Those who are granted pre-settled status can apply for settled status as soon as they are eligible for it.
The change to definition of continues residence shall take effect on 16 July 2025: A pre-settled status holder to be granted settled status where they have been resident in the UK for at least 30 months in total in the most recent 60-month period. This can be any 30 months within that 60-month period.
EUSS – automatic upgrade to settled status
In January 2025, the Home Office introduced a new process to, where possible, automatically convert eligible pre-settled status holders to settled status, without the need for them to make a further EUSS application. Where EU citizens and their family members are concerned, this helps to ensure that the person’s immigration status aligns with their rights under the Withdrawal Agreement. This process is reflected in paragraph EU4 of Appendix EU, as amended, from 8 October 2024, by Statement of Changes HC 217. However, it remained unclear how the applications of those who broke continuous residence will be assessed.
EUSS – continuous residence requirement
At present pre-settled status holder must maintain their continuous residence in the UK in order to qualify for settled status. Currently, ‘continuous residence’ generally means that they have not been absent from the UK for more than six months in total in any given 12-month period. There are some exceptions to this, such as a single period of absence of up to 12 months for an important reason, as well as some exceptions for absences related to COVID 19.
EUSS – positive changes to continuous residence for settled status
However, Home Office Statement of Changes 24th June 2025 acknowledged that ‘stakeholders have highlighted some confusion on the part of pre-settled status holders regarding permitted absences from the UK, which may have led some to inadvertently break their continuous residence in the UK (and thereby cease to be eligible for settled status) by exceeding the permitted absence(s) from the UK.’
Therefore, ‘to simplify the assessment of continuous residence, these changes enable a pre-settled status holder to be granted settled status where they have been resident in the UK for at least 30 months in total in the most recent 60-month period. This can be any 30 months within that 60-month period.’
From the above it appears that there will no longer be requirement to evidence that there was no break of more than 6 months in any year during the 5-year qualifying period or if there was that any of the exceptions apply if there was such absence
EUSS – to whom changes in continuous residence rules will apply
The above changes will apply under the automated process referred to above, as well as where a pre-settled status holder applies for settled status. The evidence of UK residence on which an EUSS applicant can rely will remain as set out in published Home Office guidance (i.e. evidence to prove applicant’s presence in the UK).
The changes relating to continuous residence shall take effect on 16 July 2025.
