The United Kingdom Home Office has published a significant “Statement of Changes to the Immigration Rules” (HC 836), with many of these new provisions set to take effect from July 16, 2025. These comprehensive amendments are designed to bring greater clarity and consistency to various immigration routes, particularly those related to long-term residency and the post-Brexit EU Settlement Scheme (EUSS).
A key area of focus is the “long residence” rules, where ambiguities regarding time spent as a British citizen have been addressed. Under the updated regulations, any period during which an individual held British citizenship will now generally count as lawful residence for long residence applications, unless that citizenship was later revoked (e.g., due to fraud).
This change rectifies a long-standing inconsistency. Furthermore, the definition of “continuous residence” has been refined to ensure uniformity across different immigration categories. Notably, this now includes time spent in the Crown Dependencies (Jersey, Guernsey, and the Isle of Man) under similar visa routes, allowing for a more holistic calculation of an applicant’s continuous presence in the UK for settlement purposes.
For beneficiaries of the EU Settlement Scheme, particularly those holding pre-settled status, the new rules aim to simplify the process of upgrading to settled status. Recognizing widespread confusion among pre-settled status holders regarding permissible absences from the UK, the Home Office has introduced a more flexible assessment.
Under the revised criteria, a pre-settled status holder can now be granted settled status if they can demonstrate they have been resident in the UK for at least 30 months in total within the most recent 60-month period. This change offers a more forgiving approach, allowing for some flexibility in absences while still requiring a substantial period of residence, and aims to prevent individuals from inadvertently losing their eligibility for settled status.
Moreover, the changes extend support to young adults and children who have grown up in the UK. Young adults who were granted permission under private or family life rules before June 20, 2022, may now be able to settle after five years if they meet a specific “half-life” test (meaning they have spent at least half their life continuously in the UK). Similarly, children who have resided in the UK for seven years can now qualify for settlement after five years, aligning their pathway to settlement with other comparable routes and ensuring fairer treatment.
The rules also introduce mandatory refusal or cancellation of immigration permission for individuals excluded from asylum or humanitarian protection due to serious conduct, reinforcing the UK’s commitment to public safety and national security. These multifaceted updates reflect the UK’s ongoing efforts to adapt its immigration system to both post-Brexit realities and evolving social needs, aiming for a more robust, fair, and transparent framework.
