Changes to Absence Rules Under the EU Settlement Scheme

The Independent Monitoring Authority for the Citizens’ Rights Agreements (IMA) has welcomed important changes to the Immigration Rules laid before Parliament today, which aim to simplify how absences from the UK affect pre-settled status holders under the EU Settlement Scheme (EUSS). 

Under the current rules, citizens with pre-settled status must maintain continuous residence in the UK to retain that status and to qualify for settled status. Continuous residence generally means living in the UK for at least six months in each year over a five-year period. 

Absences longer than six months in any 12-month period—subject to some exceptions—will break continuous residence and can affect pre-settled status and eligibility for settled status. 

Starting from 16 July 2025, people with pre-settled status can keep their status and apply for settled status if they’ve lived in the UK for at least 30 months (two and a half years) during the last five years. 

This change should also make it easier for people who have spent time outside the UK to still qualify for settled status, especially if they’ve gone over the current absence rules but have mostly lived in the UK. 

As an example of how this might work in practice; Jean, an EU citizen, was granted pre-settled status in January 2021. In July 2022, he left the UK for two years, returning in July 2024. This was his only absence. When he is considered for settled status in January 2026, he will be eligible so long as he has continued to meet all other requirements. Under the previous absence rules he would have been ineligible. 

The change will not apply to applicants when making their first application to the EUSS, but if they are granted pre-settled status, it will apply to them on any future application for settled status or consideration for automatic conversion from pre-settled to settled status 

This change is expected to make many more citizens eligible for settled status, although the Home Office has not yet estimated how many people will be affected. 

The IMA will continue to work with the Home Office to monitor the impact of these changes and ensure that citizens’ rights are upheld.  

If anyone has concerns about whether their rights have been impacted, this can be reported to us via our complaint’s portal. More information about what these rights are can be found on our website. Citizens can also share their experiences by contacting us and sharing your story. 

If you want to find out more, please see summary of information in our fact sheet.