1. EUSS: Changes to the Continuous Qualifying Period Definition for Settled Status

In order to apply for EU Settled Status (ILR) EU citizens and family members living in the UK have been required to complete a continuous five year period of residence commencing before 31 December 2020, with absences no more than six months in any 12 month period, unless an exception to this applies. 

In a positive move, the Statement of Changes HC 836, published on 24 June 2025 changed the definition of ‘continuous qualifying period’ for the purposes of Appendix EU. with effect from 16 July 2025.

This change means that applicants have the option to: 

• Either choose their five year period, and rely on the pre-existing rules – showing continuous residence / potentially relying on an absence of more than six months for an ‘important reason’ / COVID reasons, etc; 
• Or rely on the 60 months prior to their application being submitted (with no flexibility on this as the end point) and show that over the last 60 months,  their residence has been at least 30 months in the UK. 

2. Why Pre-Settled Status Holders May Have Broken Continuous Residence Rules

The consequence of this amendment is potentially great: there are likely many EU citizens and family members who were not aware of how the residence requirements were applied for settlement and may have inadvertently broken them, especially with the automatic extensions of pre-settled status not really taking continuity of residence into account.  

With the more flexible approach being taken in relation to this assessment of residence allowing absolutely any 30 out of 60 months to be considered, there is far greater scope for people with high absences not quite able to rely on the ‘important reason’ or COVID exceptions already in place can now obtain settled status. 

Importantly, the period of residence relied upon no longer has to begin before the specified date of 31 December 2020, so this, as well, is likely highly beneficial for persons who inadvertently broke residence in recent years but who may have been granted their automatic pre-settled status extensions. 

With the automatic extensions to pre-settled status continuing throughout 2025, there is certainly more scope under the new more generous provisions, for EU citizens / their family members with permission under the Settlement Scheme, to plan their residence and be able to meet the requirements for Settled Status in the future. 

This approach in assessing 30 / 60 months is to be used in the automatic Settled Status assessment by the Home Office as well as in applications made under the Scheme. 

While it was hoped that the new Appendix EU Rules were going to be mirrored by clear updates to the Guidance on 16 July 2025, there is no clarification on how a ‘month’ is to be calculated.  

Whether “months” have 28, (29), 30 or 31 days is not clear from the Guidance. This remains silent on this point. Whether “30 months” just has an overall equivalence to 2.5 years equating to 912.5 days, or rather 913 days, (as half days of absence are not possible), is yet to be seen.  In preparing an application it is likely best to be cautious and be able to prove that there are at least 913 days present in the last five years (1825 days) until / unless there is further clear guidance that a lower number of days is going to be acceptable.

3. Home Office Guidance on Settled Status and Continuous Residence (June 2025)

The Explanatory Guidance sets out: 

• 5.11 The EUSS enables EU, other European Economic Area and Swiss citizens living in the UK before the end of the post-EU exit transition period at 11pm on 31 December 2020, and their family members, to obtain the immigration status they need to continue living in the UK.   
• 5.12 Under the EUSS, an applicant who meets the requirements in Appendix EU is granted settled status (indefinite leave to enter or remain), generally where they have been continuously resident in the UK for five years, or otherwise pre-settled status (five years’ limited leave to enter or remain). Those who are granted pre-settled status can apply for settled status as soon as they are eligible for it. 
• 5.13 In January 2025, the Home Office introduced a new process to, where possible, automatically convert eligible pre-settled status holders to settled status, without the need for them to make a further EUSS application. Where EU citizens and their family members are concerned, this helps to ensure that the person’s immigration status aligns with their rights under the Withdrawal Agreement. This process is reflected in paragraph EU4 of Appendix EU, as amended, from 8 October 2024, by Statement of Changes HC 217, to which paragraph 5.25 of its Explanatory Memorandum referred. 
• 5.14 A pre-settled status holder must maintain their continuous residence in the UK in order to qualify for settled status. Currently, ‘continuous residence’ generally means that they have not been absent from the UK for more than six months in total in any given 12-month period. There are some exceptions to this, such as a single period of absence of up to 12 months for an important reason, as well as some exceptions for absences related to COVID 19. 
• 5.15 However, stakeholders have highlighted some confusion on the part of pre-settled status holders regarding permitted absences from the UK, which may have led some to inadvertently break their continuous residence in the UK (and thereby cease to be eligible for settled status) by exceeding the permitted absence(s) from the UK. To simplify the assessment of continuous residence, these changes enable a pre-settled status holder to be granted settled status where they have been resident in the UK for at least 30 months in total in the most recent 60-month period. This can be any 30 months within that 60-month period. 
• 5.16 These changes will apply under the automated process referred to above, as well as where a pre-settled status holder applies for settled status. The evidence of UK residence on which an EUSS applicant can rely will remain as set out in published guidance.

4. Changes to Appendix EU: 30-Month Residence Rule Introduced

The specific changes to Appendix EU are in blue text: 

APP EU1. In Annex 1, in sub-paragraph (a) of the definition of ‘continuous qualifying period’, after “(b)(i)(ee) below”, insert “(or unless sub- paragraph (b)(i)(ii) below applies)”.

APP EU2. In Annex 1, for sub-paragraph (b)(i)(ii) of the definition of ‘continuous qualifying period’, substitute:

• “(ii) (where the person has limited leave to enter or remain granted under paragraph EU3 or EU3A of this Appendix) any period(s) of absence which did not exceed a total of 30 months in the most recent 60-month period, as at the date of application or (as the case may be) at the date on which, under paragraph EU4, the Secretary of State is considering whether to grant them indefinite leave to enter or remain under paragraph EU2 or (as the case may be) EU2A, without a valid application under this Appendix having been made; or
• (jj) any period of absence due directly to an order or decision to which sub-paragraph (b)(iii) below refers, where that order or decision has been set aside or revoked; or”.
• APP EU3. In Annex 1, for sub-paragraph (c)(v) of the definition of ‘continuous qualifying period’, substitute:
• “(v) a relevant reference is concerned; or
• (vi) sub-paragraph (b)(i)(ii) above applies, where, under paragraph EU4 of this Appendix, the Secretary of State is considering whether to grant the person indefinite leave to enter or remain without a valid application under this Appendix having been made”.

5. Full Definition of ‘Continuous Qualifying Period’ Under Updated Appendix EU

Which makes the definition under Annex 1 read: 

Continuous qualifying period: 

A period of residence in the UK and Islands (save in condition 3 in the table in paragraph EU12 of this Appendix; in condition 2 in the table in paragraph EU14 of this Appendix; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table; in sub-paragraph (c) of the entry for ‘person who has ceased activity’ in this table; and in the entry for ‘person with a derivative right to reside’ and for ‘person with a Zambrano right to reside’ in this table, where (in each case) the period of residence must be in the UK and the reference in subparagraphs (b)(i) and (ii) below to the UK and Islands is to be read as a reference to the UK):

• (a) which, unless the person is a joining family member of a relevant sponsor, is a specified relevant person of Northern Ireland (or is the dependent relative of such a person) or relies on sub-paragraph (b)(i)(cc), (b)(i)(dd) or (b)(i)(ee) below, (or unless sub-paragraph (b)(i)(ii) below applies), began before the specified date; and

• (b) during which none of the following occurred:

(i) absence(s) from the UK and Islands which exceeded a total of six months in any 12-month period, except for:

• (aa) a single period of absence which did not exceed 12 months and was for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting, or because of COVID-19); or
• (bb) a single period of absence which did not exceed 12 months and which, although the absence was not originally for an important reason, is to be treated as being for an important reason as it exceeded six months because of COVID-19; or
• (cc) (following a period of absence under sub-paragraph (b)(i)(aa) above because of COVID-19 or under sub-paragraph (b)(i)(bb) above) a second period of absence which did not exceed 12 months and was for an important reason (such as described in sub-paragraph (b)(i)(aa) above) which, save for caring for someone with a serious illness, was not because of COVID-19; where this is the case, the period of absence under this sub-paragraph exceeding six months will not count towards any period of residence in the UK and Islands on which the person relies; or
• (dd) (following a period of absence under sub-paragraph (b)(i)(aa) above which, save for caring for someone with a serious illness, was not because of COVID-19) either a second period of absence which did not exceed 12 months and was for an important reason, where that reason was because of COVID-19, or a period of absence under sub-paragraph (b)(i)(bb) above; where this is the case, the period of absence under this sub-paragraph exceeding six months will not count towards any period of residence in the UK and Islands on which the person relies; or
• (ee) a period of absence under sub-paragraph (b)(i)(aa), (b)(i)(bb), (b)(i)(cc) or (b)(i)(dd) above which exceeded 12 months because COVID-19 meant that the person was prevented from, or advised against, returning earlier; where this is the case, the period of absence under this sub-paragraph exceeding 12 months will not count towards any period of residence in the UK and Islands on which the person relies; or
• (ff) any period of absence on compulsory military service; or
• (gg) any period of absence on a posting on Crown service or (as a spouse, civil partner, durable partner or child) any period of absence accompanying a person on a posting on Crown service; or
• (hh) any period spent working in the UK marine area (as defined in section 42 of the Marine and Coastal Access Act 2009); or
• (ii) (where the person has limited leave to enter or remain granted under paragraph EU3 or EU3A of this Appendix) any period(s) of absence which did not exceed a total of 30 months in the most recent 60-month period, as at the date of application or (as the case may be) at the date on which, under paragraph EU4, the Secretary of State is considering whether to grant them indefinite leave to enter or remain under paragraph EU2 or (as the case may be) EU2A, without a valid application under this Appendix having been made; or
• (jj) any period of absence due directly to an order or decision to which sub-paragraph (b)(iii) below refers, where that order or decision has been set aside or revoked; or

(ii) the person served or is serving a sentence of imprisonment of any length in the UK and Islands, unless the conviction which led to it has been overturned; or

(iii) any of the following in respect of the person, unless it has been set aside or revoked:

• (aa) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the Immigration (European Economic Area) Regulations of the Isle of Man); or
• (bb) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1) of the EEA Regulations (or the equivalent decision, subject to the equivalent qualification, under the Immigration (European Economic Area) Regulations of the Isle of Man); or
• (cc) an exclusion decision; or
• (dd) a deportation order, other than by virtue of the EEA Regulations; or
• (ee) an Islands deportation order; or
• (ff) an Islands exclusion decision; and

(c) which continues at the date of application, unless:

• (i) the period is of at least five years’ duration; or
• (ii)(aa) the person acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations (or, where there are reasonable grounds for the person’s failure to meet the deadline applicable to them in the entry for ‘required date’ in this table, would have acquired such a right had the EEA Regulations not been revoked), or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 (as it had effect before it was repealed) or under the Immigration (European Economic Area) Regulations of the Isle of Man; or

(bb) the period relates to:

(aaa) a relevant EEA citizen, where, in relation to that EEA citizen, the applicant relies:

• (i) for all or part of the period to which sub-paragraph (b) of condition 3 in the table in paragraph EU11 of this Appendix refers (or, as the case may be, for part of the period to which sub-paragraph (b) of condition 3 in the table in paragraph EU12 refers) on having been a family member of a relevant EEA citizen; or
• (ii) on being or having been a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen, provided (in any case) the period relating to that relevant EEA citizen continued (unless sub-paragraph (c)(i), (c)(ii)(aa), (c)(iii) or (c)(iv) of this entry applied to that relevant EEA citizen instead) either, as the case may be, throughout the period the applicant relies on in (i) as having been a family member of a relevant EEA citizen or, as relied on in (ii), until the applicant became a family member who has retained the right of residence by virtue of a relationship with a relevant EEA citizen; or

(bbb) a relevant sponsor, where, in relation to that relevant sponsor, the applicant relies for all or part of the period to which sub-paragraph (b) of condition 1 in the table in paragraph EU11A of this Appendix refers on having been (or, as the case may be, relies for all or part of the period to which sub-paragraph (b)(ii) of the condition in the table in paragraph EU14A refers on being) a family member who has retained the right of residence by virtue of a relationship with a relevant sponsor, provided (in either case) the period relating to that relevant sponsor continued (unless sub-paragraph (c)(i), (c)(ii)(aa), (c)(iii) or (c)(iv) of this entry applied to that relevant sponsor instead) until the applicant became a family member who has retained the right of residence by virtue of a relationship with a relevant sponsor; or

• (iii) the person has valid indefinite leave to enter or remain granted under this Appendix (or under its equivalent in the Islands); or
• (iv) there is valid evidence of their indefinite leave to enter or remain; or
• (v) a relevant reference is concerned; or
• (vi) sub-paragraph (b)(i)(ii) above applies, where, under paragraph EU4 of this Appendix, the Secretary of State is considering whether to grant the person indefinite leave to enter or remain without a valid application under this Appendix having been made”

6. Legal Clarity and Appendix EU: Insights from Mustaj Case

Even with the amendments, Appendix EU remains unlikely to win any recognition for clear drafting. In recent case law, the Court of Appeal criticised its drafting –  Mustaj v Secretary of State for the Home Department [2025] EWCA Civ 663: 

“… It is a fundamental aspect of the rule of law that individuals, or at least those advising them, should be able to understand the rules which govern their access to important rights…”

So for now we have the happy situation of applicants having an easier calculation to undertake – 30 out of 60 months is more straightforward than the permutations required with previous high absences, even if there is a potential for future argument about what constitutes a “month” – it is still very important to calculate absences carefully and to prepare strong applications showing UK residence during the 30 months in the UK. 

7. Contact Our Immigration Barristers

If you would like further advice on an application for Settled Status or indefinite leave to remain under Appendix EU of the Immigration Rules, or in relation to any other immigration matter, then please contact our immigration barristers in London on 0203 617 9173 or via the enquiry form below.