From 16 July 2025, there is an additional way for people with pre-settled status under the EU Settlement Scheme to apply for settled status. In this blog post, we explain:
- What the new residence rule is and how it works
- How it compares to the existing residence rule
- Who can use the new rule and who cannot
- How to count your time in the UK under both rules
- What happens if you’ve been away from the UK
We will only cover residency requirements and will not address other eligibility or suitability criteria. Read on to see if this applies to you.
The Home Office has introduced a new rule under the EU Settlement Scheme, which took effect on 16 July 2025.
Under the existing rule (which we will call the “6/12 rule”), you need to show “continuous residence” in the UK to move from pre-settled to settled status, which usually means that you must have lived in the United Kingdom for at least six months in each 12 months over five years (with some exceptions), counted from the date you moved to the UK before 31/12/2020. This rule still applies.
However, from 16 July 2025, there is an alternative way to qualify for settled status in terms of residency requirements. People with pre-settled status will be able to apply for settled status if they have resided in the UK for at least 30 months (two and a half years) within the previous 60 months (five years), counted back from the date of the application (“30/60 rule”).
In other words, even if you were absent from the UK for more than six months in any given year, you may still qualify for settled status if, in the last 5 years, your total time spent in the UK is at least 2.5 years.
To summarise, you can apply for settled status if you’ve either:
1. Lived in the UK for five years continuously, at least six months in every 12 months.
OR
2. Spent at least 30 months in total in the UK during the last 60 months of residence.
You only need to meet one of these.
However, there are some limitations to this new rule.
- The new 30/60 rule applies only to those who currently hold a valid pre-settled status, as it doesn’t apply to late applicants, who will continue to be assessed under the existing rules, or to lapsed/cancelled status.
- The 30/60 rule doesn’t admit additional absence allowance for an important reason. If you wish to rely on longer absence allowances, such as for compulsory military service, you have to apply using the 6/12 rule.
- You still need to show clear proof of your time spent in the UK (see official guidance and our resource on evidence).
Some other important information:
- The most recent 5-year period can include time spent in the UK with a valid extension of pre-settled status.
- The most recent 5-year period can include a period starting after 31/12/2020.
- You must have moved to the UK at least 5 years before you apply.
- The 2.5 years can include any day in the past 5 years; it doesn’t have to be continuous, but it must be total.
- This change also applies to automatic upgrades from pre-settled to settled status. However, if you meet the 30/60 rule now but not the 12/60, we encourage you to apply for settled status as soon as possible, using the relevant evidence of your residence in the UK. Do not wait for automatic conversion.
How to count your continuous residence:
- Start counting from the date you moved to the UK (for example, 1st July 2020).
- Check each 12-month period since then: have you spent at least 6 months in total (180 days) in the UK during each year for five consecutive years?
- If yes, you meet the continuous residence requirement and can apply for settled status.
- Absences allowance due to important reasons can apply.
- Count backwards from the date you are applying (e.g. today, July 2025) over the last five years (60 months).
- Add up all the days you were physically present in the UK during that time.
- If the total adds up to at least 30 months (2.5 years), even if the time is not continuous, you can apply for settled status.
- You must have moved to the UK at least five years before your application date.
- If you don’t meet the 30-month total now, you might do so later, as the five-year period moves forward with each passing day.
I have pre-settled status, and I’ve been out of the UK for 2 consecutive years. Can I still apply?
Before 21 May 2024, pre-settled status automatically lapsed after an absence from the UK of two consecutive years, without returning, not even for a day. This changed after 21 May 2024: now, pre-settled status lapses only after five consecutive years of absence.
So, if you had already been out of the UK for two years by 21 May 2024, your pre-settled status has lapsed automatically, even if it still shows up in your online status or has been automatically extended.
If your pre-settled status has lapsed, you no longer have the right to live in the UK or apply for settled status. However, if you lost your pre-settled status due to a two-year absence from the UK, but you meet the 30-month rule, you should seek legal advice and stay informed about future updates.
Some final remarks:
This change offers a second opportunity for pre-settled status holders who may have spent too much time outside the UK but are now back and living here.
This change isn’t intended to encourage people to return to the UK from abroad. It’s aimed at those who are already back in the UK but may have had breaks in their residence and who have lived in the UK for at least 2.5 years (or are nearly there).
The Home Office still has the power to cancel your pre-settled status if they determine that you no longer meet the requirements for settled status (e.g. due to excessive absences).
If you can’t show either five full years of continuous residence or at least 30 months of UK residence in the last five years, your pre-settled status could still be cancelled, even if it was recently extended. The Home Office should carry out a proportionality assessment.
This means that if you are currently outside the UK and have been away for a significant period, and you do not meet either the 6/12 rule or the 30/60 rule, it is unlikely that you will be able to “restart” your residence in the UK in order to qualify under the 30/60 rule. While we encourage you to stay up to date with future developments, returning to the UK to attempt restarting your five-year qualifying period carries some risks.
These changes took effect on 16 July 2025. Some details are still unclear; we suggest watching for updates regularly and seeking legal advice if you’re unsure.
Email us at help@neweuropeans.uk for questions on your situation.