EU settlement scheme update: 30-month temporary permission introduced

• Written by: LawSentis
• July 16, 2025
• Comments: (0)

Eu settlement scheme update: 30‑month temporary permission introduced

From 16 July 2025, pre‑settled status holders will benefit from a simpler way to qualify for settled status, thanks to a new 30‑month rule within a 60‑month timeframe.

What’s changed?

The Home Office’s Statement of Changes HC 836 (published 24 June) revises the definition of “continuous qualifying period” in Appendix EU, Annex 1. Previously, applicants had to meet detailed criteria on absences. Now, a pre‑settled status holder can qualify if they’ve spent at least 30 months in the UK over the most recent 60 months, without needing to prove why they were outside.

How it works

You still have to meet the full five‑year residence requirement, but you only need 2½ years physically in the UK during that period.

You can split this time however you wish—short frequent trips, one long break under 30 months, etc.—with no need to justify absences that now fit within the 30‑month total.

This option exists alongside the original rules, so you can choose whichever is easier to prove.

Why now?

The Home Office recognised that the old rules were overly complex, especially due to pandemic‑era travel, and risked unfairly disqualifying people who genuinely planned to settle. This new approach maintains a residence requirement while simplifying testing criteria and avoiding unnecessary legal battles over minor absences.

Manual vs automatic applications

The rule applies to both manual applications and automated National Insurance‑based checks (paragraph EU4).

There may be a delay in updating automated systems which still look for residency in each 12‑month block. Until then, manual applications remain the safest option if you rely on the new rule.

What about previous refusals?

If your settled status application was refused under the old system, you can apply again after 16 July under the new rule and may now qualify.

Timing and eligibility

You still need a full 5‑year residence period, i.e. have entered the UK at least five years ago.

New absences counting back from your application date — but only for those holding pre‑settled status (granted by 31 Dec 2020 for most).

Potential pitfalls

The new rule doesn’t protect against curtailment. Pre‑settled status can still be cancelled if you clearly don’t meet any qualifying criteria.

If your pre‑settled status lapsed (due to long continuous absence) before the rule changed, you can’t rely on it now—even if your total absences would qualify.

Those whose leave lapsed just after 21 May 2024 may still be rescued by the new rule, but exceptions remain inconsistent.

in short: from 16 July, pre‑settled status holders can rely on a straightforward 30‑month-in‑UK rule over 60 months to complete their five‑year qualifying period. This change brings welcome flexibility—and for many, a second chance to gain settled status—even if absences fell foul of the old system.

LawSentis has been guiding EU nationals and sponsors through UK immigration since 2018. As an IAA‑certified firm with deep expertise in the EUSS, we’re here to help you understand how the new 30‑month rule applies to your case—whether you’re seeking to upgrade status, manage family applications, or plan for settled status.

Book a consultation today to explore how this update affects your rights and residency options.