New EU Settlement Scheme rules on absences simplify the residence requirements for settled status applications.
Under the EU Settlement Scheme’s previous residence rules, the definition of “continuous qualifying period” was a cause for much confusion for pre-settled status holders, leading many to inadvertently break their continuous residence in the UK through absences, leaving them unable to qualify for settled status.
In recognition of the complexity of the old rules, the Home Office have introduced a new, alternative definition, which should help to simplify the requirements for settled status applicants. This new definition came into force on 16 July 2025 and provides that, in order to meet the settled status requirement of a five-year continuous qualifying period, a pre-settled status holder simply needs to demonstrate that they have been resident in the UK for a cumulative 30 months in the preceding 60-month period.
Long absences do not need to be explained when applying for settled status under the new rules. However, there remains, in theory, a risk of your pre-settled status being curtailed while you build up this 30-months of residence, in circumstances where your previous absences from the UK mean that you have already ceased to meet the residence requirements of the EU Settlement Scheme.
It is also worth noting that pre-settled status holders do still need to wait five years from their move to the UK before they can apply for settled status. As the general deadline for entering the UK under the EU Settlement Scheme was 31 December 2020, most pre-settled status holders will already meet this requirement or will do so by the end of 2025.
If you have recently not been granted settled status further to an automatic decision or manual application, and if this was due to you not qualifying under the old residence rules, then you may wish to reapply manually, relying on the new definition, provided that you meet its requirements.
While EU Settlement Scheme decisions often rely on National Insurance records, these do not always provide an entirely accurate picture of someone’s residence in the UK. We would therefore recommend preparing alternative evidence to demonstrate your residence, to be safe.
If you would like support with making a manual application for settled status, please do get in touch at [email protected]
