New 30-Month Rule for Settled Standing

By Dr. Catherine Taroni –
Immigration Barrister

25 Jul 2025

1. EUSS: Adjustments to the Steady Qualifying Interval Definition for Settled Standing

With a purpose to apply for EU Settled Standing (ILR) EU residents and relations dwelling within the UK have been required to finish a steady 5 12 months interval of residence commencing earlier than 31 December 2020, with absences not more than six months in any 12 month interval, until an exception to this is applicable. 

In a constructive transfer, the Assertion of Adjustments HC 836, printed on 24 June 2025 modified the definition of ‘steady qualifying interval’ for the needs of Appendix EU. with impact from 16 July 2025.

This modification implies that candidates have the choice to: 

• Both select their 5 12 months interval, and depend on the pre-existing guidelines – displaying steady residence / probably counting on an absence of greater than six months for an ‘vital cause’ / COVID causes, and so forth; 
• Or depend on the 60 months previous to their software being submitted (with no flexibility on this as the top level) and present that over the past 60 months,  their residence has been at the least 30 months within the UK. 

2. Why Pre-Settled Standing Holders Could Have Damaged Steady Residence Guidelines

The consequence of this modification is probably nice: there are probably many EU residents and relations who weren’t conscious of how the residence necessities have been utilized for settlement and should have inadvertently damaged them, particularly with the automated extensions of pre-settled standing probably not taking continuity of residence into consideration.  

With the extra versatile strategy being taken in relation to this evaluation of residence permitting completely any 30 out of 60 months to be thought of, there may be far larger scope for folks with excessive absences not fairly in a position to depend on the ‘vital cause’ or COVID exceptions already in place can now get hold of settled standing. 

Importantly, the interval of residence relied upon not has to start earlier than the required date of 31 December 2020, so this, as effectively, is probably going extremely useful for individuals who inadvertently broke residence lately however who could have been granted their computerized pre-settled standing extensions. 

With the automated extensions to pre-settled standing persevering with all through 2025, there may be actually extra scope beneath the brand new extra beneficiant provisions, for EU residents / their relations with permission beneath the Settlement Scheme, to plan their residence and be capable to meet the necessities for Settled Standing sooner or later. 

This strategy in assessing 30 / 60 months is for use within the computerized Settled Standing evaluation by the House Workplace in addition to in purposes made beneath the Scheme. 

Whereas it was hoped that the brand new Appendix EU Guidelines have been going to be mirrored by clear updates to the Steerage on 16 July 2025, there isn’t any clarification on how a ‘month’ is to be calculated.  

Whether or not “months” have 28, (29), 30 or 31 days isn’t clear from the Steerage. This stays silent on this level. Whether or not “30 months” simply has an general equivalence to 2.5 years equating to 912.5 days, or moderately 913 days, (as half days of absence are usually not attainable), is but to be seen.  In making ready an software it’s probably greatest to be cautious and be capable to show that there are at the least 913 days current within the final 5 years (1825 days) till / until there may be additional clear steerage {that a} decrease variety of days goes to be acceptable.

3. House Workplace Steerage on Settled Standing and Steady Residence (June 2025)

The Explanatory Steerage units out: 

• 5.11 The EUSS permits EU, different European Financial Space and Swiss residents dwelling within the UK earlier than the top of the post-EU exit transition interval at 11pm on 31 December 2020, and their relations, to acquire the immigration standing they should proceed dwelling within the UK.   
• 5.12 Below the EUSS, an applicant who meets the necessities in Appendix EU is granted settled standing (indefinite depart to enter or stay), typically the place they’ve been constantly resident within the UK for 5 years, or in any other case pre-settled standing (5 years’ restricted depart to enter or stay). Those that are granted pre-settled standing can apply for settled standing as quickly as they’re eligible for it. 
• 5.13 In January 2025, the House Workplace launched a brand new course of to, the place attainable, robotically convert eligible pre-settled standing holders to settled standing, with out the necessity for them to make an additional EUSS software. The place EU residents and their relations are involved, this helps to make sure that the individual’s immigration standing aligns with their rights beneath the Withdrawal Settlement. This course of is mirrored in paragraph EU4 of Appendix EU, as amended, from 8 October 2024, by Assertion of Adjustments HC 217, to which paragraph 5.25 of its Explanatory Memorandum referred. 
• 5.14 A pre-settled standing holder should preserve their steady residence within the UK so as to qualify for settled standing. At the moment, ‘steady residence’ typically implies that they haven’t been absent from the UK for greater than six months in whole in any given 12-month interval. There are some exceptions to this, comparable to a single interval of absence of as much as 12 months for an vital cause, in addition to some exceptions for absences associated to COVID 19. 
• 5.15 Nevertheless, stakeholders have highlighted some confusion on the a part of pre-settled standing holders relating to permitted absences from the UK, which can have led some to inadvertently break their steady residence within the UK (and thereby stop to be eligible for settled standing) by exceeding the permitted absence(s) from the UK. To simplify the evaluation of steady residence, these adjustments allow a pre-settled standing holder to be granted settled standing the place they’ve been resident within the UK for at the least 30 months in whole in the newest 60-month interval. This may be any 30 months inside that 60-month interval. 
• 5.16 These adjustments will apply beneath the automated course of referred to above, in addition to the place a pre-settled standing holder applies for settled standing. The proof of UK residence on which an EUSS applicant can rely will stay as set out in printed steerage.

4. Adjustments to Appendix EU: 30-Month Residence Rule Launched

The particular adjustments to Appendix EU are in blue textual content: 

APP EU1. In Annex 1, in sub-paragraph (a) of the definition of ‘steady qualifying interval’, after “(b)(i)(ee) under”, insert “(or until sub- paragraph (b)(i)(ii) under applies)”.

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

• “(ii) (the place the individual has restricted depart to enter or stay granted beneath paragraph EU3 or EU3A of this Appendix) any interval(s) of absence which didn’t exceed a complete of 30 months in the newest 60-month interval, as on the date of software or (because the case could also be) on the date on which, beneath paragraph EU4, the Secretary of State is contemplating whether or not to grant them indefinite depart to enter or stay beneath paragraph EU2 or (because the case could also be) EU2A, with out a legitimate software beneath this Appendix having been made; or
• (jj) any interval of absence due on to an order or resolution to which sub-paragraph (b)(iii) under refers, the place that order or resolution has been put aside or revoked; or”.
• APP EU3. In Annex 1, for sub-paragraph (c)(v) of the definition of ‘steady qualifying interval’, substitute:
• “(v) a related reference is worried; or
• (vi) sub-paragraph (b)(i)(ii) above applies, the place, beneath paragraph EU4 of this Appendix, the Secretary of State is contemplating whether or not to grant the individual indefinite depart to enter or stay with out a legitimate software beneath this Appendix having been made”.

5. Full Definition of ‘Steady Qualifying Interval’ Below Up to date Appendix EU

Which makes the definition beneath Annex 1 learn: 

Steady qualifying interval: 

A interval of residence within the UK and Islands (save in situation 3 within the desk in paragraph EU12 of this Appendix; in situation 2 within the desk in paragraph EU14 of this Appendix; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘member of the family who has retained the suitable of residence’ on this desk; in sub-paragraph (c) of the entry for ‘one who has ceased exercise’ on this desk; and within the entry for ‘individual with a spinoff proper to reside’ and for ‘individual with a Zambrano proper to reside’ on this desk, the place (in every case) the interval of residence should be within the UK and the reference in subparagraphs (b)(i) and (ii) under to the UK and Islands is to be learn as a reference to the UK):

• (a) which, until the individual is a becoming a member of member of the family of a related sponsor, is a specified related individual of Northern Eire (or is the dependent relative of such an individual) or depends on sub-paragraph (b)(i)(cc), (b)(i)(dd) or (b)(i)(ee) under, (or until sub-paragraph (b)(i)(ii) under applies), started earlier than the required date; and

• (b) throughout which not one of the following occurred:

(i) absence(s) from the UK and Islands which exceeded a complete of six months in any 12-month interval, apart from:

• (aa) a single interval of absence which didn’t exceed 12 months and was for an vital cause (comparable to being pregnant, childbirth, critical sickness, examine, vocational coaching or an abroad posting, or due to COVID-19); or
• (bb) a single interval of absence which didn’t exceed 12 months and which, though the absence was not initially for an vital cause, is to be handled as being for an vital cause because it exceeded six months due to COVID-19; or
• (cc) (following a interval of absence beneath sub-paragraph (b)(i)(aa) above due to COVID-19 or beneath sub-paragraph (b)(i)(bb) above) a second interval of absence which didn’t exceed 12 months and was for an vital cause (comparable to described in sub-paragraph (b)(i)(aa) above) which, save for caring for somebody with a critical sickness, was not due to COVID-19; the place that is the case, the interval of absence beneath this sub-paragraph exceeding six months won’t rely in the direction of any interval of residence within the UK and Islands on which the individual depends; or
• (dd) (following a interval of absence beneath sub-paragraph (b)(i)(aa) above which, save for caring for somebody with a critical sickness, was not due to COVID-19) both a second interval of absence which didn’t exceed 12 months and was for an vital cause, the place that cause was due to COVID-19, or a interval of absence beneath sub-paragraph (b)(i)(bb) above; the place that is the case, the interval of absence beneath this sub-paragraph exceeding six months won’t rely in the direction of any interval of residence within the UK and Islands on which the individual depends; or
• (ee) a interval of absence beneath sub-paragraph (b)(i)(aa), (b)(i)(bb), (b)(i)(cc) or (b)(i)(dd) above which exceeded 12 months as a result of COVID-19 meant that the individual was prevented from, or suggested in opposition to, returning earlier; the place that is the case, the interval of absence beneath this sub-paragraph exceeding 12 months won’t rely in the direction of any interval of residence within the UK and Islands on which the individual depends; or
• (ff) any interval of absence on obligatory navy service; or
• (gg) any interval of absence on a posting on Crown service or (as a partner, civil accomplice, sturdy accomplice or youngster) any interval of absence accompanying an individual on a posting on Crown service; or
• (hh) any interval spent working within the UK marine space (as outlined in part 42 of the Marine and Coastal Entry Act 2009); or
• (ii) (the place the individual has restricted depart to enter or stay granted beneath paragraph EU3 or EU3A of this Appendix) any interval(s) of absence which didn’t exceed a complete of 30 months in the newest 60-month interval, as on the date of software or (because the case could also be) on the date on which, beneath paragraph EU4, the Secretary of State is contemplating whether or not to grant them indefinite depart to enter or stay beneath paragraph EU2 or (because the case could also be) EU2A, with out a legitimate software beneath this Appendix having been made; or
• (jj) any interval of absence due on to an order or resolution to which sub-paragraph (b)(iii) under refers, the place that order or resolution has been put aside or revoked; or

(ii) the individual served or is serving a sentence of imprisonment of any size within the UK and Islands, until the conviction which led to it has been overturned; or

(iii) any of the next in respect of the individual, until it has been put aside or revoked:

• (aa) any resolution or order to exclude or take away beneath regulation 23 or 32 of the EEA Laws (or beneath the equal provisions of the Immigration (European Financial Space) Laws of the Isle of Man); or
• (bb) a call to which regulation 15(4) of the EEA Laws in any other case refers, until that call arose from a earlier resolution beneath regulation 24(1) of the EEA Laws (or the equal resolution, topic to the equal qualification, beneath the Immigration (European Financial Space) Laws of the Isle of Man); or
• (cc) an exclusion resolution; or
• (dd) a deportation order, aside from by advantage of the EEA Laws; or
• (ee) an Islands deportation order; or
• (ff) an Islands exclusion resolution; and

(c) which continues on the date of software, until:

• (i) the interval is of at the least 5 years’ length; or
• (ii)(aa) the individual acquired the suitable of everlasting residence within the UK beneath regulation 15 of the EEA Laws (or, the place there are affordable grounds for the individual’s failure to fulfill the deadline relevant to them within the entry for ‘required date’ on this desk, would have acquired such a proper had the EEA Laws not been revoked), or the suitable of everlasting residence within the Islands by means of the appliance there of part 7(1) of the Immigration Act 1988 (because it had impact earlier than it was repealed) or beneath the Immigration (European Financial Space) Laws of the Isle of Man; or

(bb) the interval pertains to:

(aaa) a related EEA citizen, the place, in relation to that EEA citizen, the applicant depends:

• (i) for all or a part of the interval to which sub-paragraph (b) of situation 3 within the desk in paragraph EU11 of this Appendix refers (or, because the case could also be, for a part of the interval to which sub-paragraph (b) of situation 3 within the desk in paragraph EU12 refers) on having been a member of the family of a related EEA citizen; or
• (ii) on being or having been a member of the family who has retained the suitable of residence by advantage of a relationship with a related EEA citizen, supplied (in any case) the interval referring to that related EEA citizen continued (until sub-paragraph (c)(i), (c)(ii)(aa), (c)(iii) or (c)(iv) of this entry utilized to that related EEA citizen as an alternative) both, because the case could also be, all through the interval the applicant depends on in (i) as having been a member of the family of a related EEA citizen or, as relied on in (ii), till the applicant grew to become a member of the family who has retained the suitable of residence by advantage of a relationship with a related EEA citizen; or

(bbb) a related sponsor, the place, in relation to that related sponsor, the applicant depends for all or a part of the interval to which sub-paragraph (b) of situation 1 within the desk in paragraph EU11A of this Appendix refers on having been (or, because the case could also be, depends for all or a part of the interval to which sub-paragraph (b)(ii) of the situation within the desk in paragraph EU14A refers on being) a member of the family who has retained the suitable of residence by advantage of a relationship with a related sponsor, supplied (in both case) the interval referring to that related sponsor continued (until sub-paragraph (c)(i), (c)(ii)(aa), (c)(iii) or (c)(iv) of this entry utilized to that related sponsor as an alternative) till the applicant grew to become a member of the family who has retained the suitable of residence by advantage of a relationship with a related sponsor; or

• (iii) the individual has legitimate indefinite depart to enter or stay granted beneath this Appendix (or beneath its equal within the Islands); or
• (iv) there may be legitimate proof of their indefinite depart to enter or stay; or
• (v) a related reference is worried; or
• (vi) sub-paragraph (b)(i)(ii) above applies, the place, beneath paragraph EU4 of this Appendix, the Secretary of State is contemplating whether or not to grant the individual indefinite depart to enter or stay with out a legitimate software beneath this Appendix having been made”

6. Authorized Readability and Appendix EU: Insights from Mustaj Case

Even with the amendments, Appendix EU stays unlikely to win any recognition for clear drafting. In latest case legislation, the Court docket of Attraction criticised its drafting –  Mustaj v Secretary of State for the House Division [2025] EWCA Civ 663: 

“… It’s a basic facet of the rule of legislation that people, or at the least these advising them, ought to be capable to perceive the principles which govern their entry to vital rights…”

So for now now we have the blissful state of affairs of candidates having a neater calculation to undertake – 30 out of 60 months is extra simple than the permutations required with earlier excessive absences, even when there’s a potential for future argument about what constitutes a “month” – it’s nonetheless crucial to calculate absences rigorously and to arrange robust purposes displaying UK residence through the 30 months within the UK. 

If you want additional recommendation on an software for Settled Standing or indefinite depart to stay beneath Appendix EU of the Immigration Guidelines, or in relation to some other immigration matter, then please contact our immigration barristers in London on 0203 617 9173 or by way of the enquiry type under.