Flexibility in the EU Settlement Scheme (EUSS): New Rule for Settled Status

BA significant change has been introduced to the rules of the EU Settlement Scheme (EUSS), offering greater flexibility for EU, EEA, and Swiss citizens seeking to obtain Settled Status in the United Kingdom (UK).

The most important amendment relates to the way the ‘continuous qualifying period’ can be demonstrated. Alongside the previous stringent 5-year ‘continuous residence’ requirement—which mandated that an applicant could not be absent from the UK for more than six months in any 12-month period—a new, alternative route is now available.

The New 30-Month Rule

Under the new provision, Settled Status can be obtained (when switching from Pre-settled Status) if the applicant can demonstrate that they have had their permanent residence in the UK for a cumulative total of at least 30 months within the 60-month period immediately preceding the date of their application.

• What does this mean in practice? This change allows for a more straightforward calculation where the time spent physically present in the UK over the last five years (60 months) is simply added up. Instead of the strict annual limit of six months’ absence, the new rule allows for absences to be spread more flexibly, provided the total time spent outside the UK does not exceed 30 months over the five-year period.

This amendment operates in parallel with the pre-existing “six months in any 12-month period” rule. The primary goal is to simplify qualification for Settled Status for those who may have exceeded the previous six-month absence limit due to the COVID-19 pandemic, family reasons, or other circumstances requiring extended time away, so long as they meet the new 30-month UK presence threshold.

Individuals who already hold Pre-settled Status and whose residence in the UK began at least five years ago now have a much more accommodating way to qualify for the full Settled Status.

• Crucially: Eligibility still depends on having commenced residence in the UK by the deadline of 31 December 2020.

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