Settled Status with Long UK Absences: A New Legal Route Opens
- Jacob Ciesielczuk
- Jan 8
- 2 min read
The Statement of Changes to the Immigration Rules HC 836, published on 24 June, amended the definition of a “continuous qualifying period” in Annex 1 of Appendix EU. From 16 July, this change introduced an additional way for pre-settled status holders to complete the required five-year residence period for settled status.
Before this change, applicants were generally required to show five years of continuous residence, with absences of no more than six months in any 12-month period. Only one longer absence of up to 12 months was normally permitted, provided it was for an important reason such as serious illness or COVID-19 disruption.
From 16 July 2025, pre-settled status holders can instead qualify for settled status by showing at least 30 months of residence in the UK within the most recent 60-month period. This alternative calculation removes the need to account for absences year-by-year.
Crucially, the 30-month rule does not require applicants to justify or explain periods spent outside the UK. The focus is solely on whether the total UK residence within the relevant five-year window reaches the 30-month threshold.
The traditional absence rules remain available for those who meet them, including reliance on a single absence of up to 12 months for an important reason. However, the new rule is often simpler for applicants with long or repeated absences.
The revised approach applies only to individuals who already hold pre-settled status. It does not apply to late applicants who never obtained pre-settled status under the Scheme.
Case Example 1: Romanian National with Extended Pandemic Absence
A Romanian national advised by Lace Law held pre-settled status and lived in the UK until mid-2020. She then left the UK due to pandemic-related disruption and remained abroad for approximately 14 months before returning in 2021.
Under earlier interpretations, this absence would likely have broken her continuous residence. We relied on the updated approach and demonstrated that she met the residence requirements under the revised framework.
Her application for settled status was approved. This case illustrates how the revised rules can resolve cases that previously appeared problematic.
Case Example 2: Czech National Returning After a Long Absence
A Czech national lived in the UK from 2018 until 2020. He left during the COVID-19 pandemic and returned to the Czech Republic where he gained employment. He returned to the UK in August 2023 and has continuously resided here since.
If he applies for settled status in February 2026, the relevant 60-month period will run from February 2021 to February 2026. During that time, he will have lived in the UK from August 2023 to February 2026, amounting to approximately 30 months of residence.
Because he meets the requirement of at least 30 months’ UK residence within the most recent five years, he would be eligible for settled status under the rule introduced on 16 July 2025. His long absence between 2020 and 2023 would not prevent settlement under this alternative test.
The revised framework reflects a more realistic understanding of modern mobility and pandemic-related disruption. It places greater emphasis on substance rather than rigid technicality.
At Lace Law LLP, we advise EU nationals on complex absence histories, repeat applications, and transitions from pre-settled to settled status. If you are unsure whether your residence meets the new requirements, early advice can help avoid unnecessary refusals.
