Vishal Makol explains how Statement of Changes HC 836 brings post-Brexit finality for EU nationals under the EU Settlement Scheme and tidies up contested points.
The Government has just published its latest Statement of Changes HC 836 to the Immigration Rules, with the intention of tidying up and clarifying some problematic or inconsistent provisions.
Businesses and employees will broadly welcome these in particular:
EU Settlement Scheme - the “continuous qualifying period’ redefined
From 16 July 2025, a pre-settled status holder may now 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 those 60-months.
By way of background, in January 2025 the Home Office introduced a new process to enable automatic conversion of eligible pre-settled status holders to settled status, without the need for them to make a further EUSS application.
A pre-settled status holder must maintain their continuous residence in the UK in order to qualify for settled status. Continuous residence generally meant no absence from the UK of more than six months in any rolling 12-month period.
The latest changes redefine ‘continuous qualifying period’ within Annex 1 of Appendix EU to reflect the simplification of the continuous residence requirement calculation for pre-settled status holders under the EU Settlement Scheme.
These changes will apply under the automated process as well as where a pre-settled status holder actively applies for settled status. The evidence of UK residence on which an EUSS applicant will remain as set out in published guidance. These changes take effect on 16 July 2025 but also apply to applications made before 16 July 2025.
Appendix Private Life - settlement eligibility criteria eased for young people and children
The next change is in relation to changes for Appendix Private Life. There is a further change to the half-life concession from October 2021, whereby it will now allow young people granted permission in the UK on the basis of their family or private life, before 20 June 2022, to settle under the five-year private life rules if they meet the half-life test at the date of application or met it in a previous application.
Changes are also being made to allow children who have lived in the UK for seven years to qualify for settlement after five years. This cohort were not part of the concession, but a seven-year qualifying child who applied as part of a family group would always have been granted under the family rules and cannot currently qualify under private life rules for settlement after five years.
A change is being made to align continuous residence requirements for children born in the UK who are applying for settlement, with those for children who were not born in the UK applying for permission to stay.
All of the above Appendix Private Life changes take effect on 29 July 2025, whether or not applications are made before or after that date.
Family dependents in Appendix FM - eligibility timelines clarified
Furthermore in regards to Appendix FM, there will be change that will correct a drafting error in the family Immigration Rules in Appendix Adult Dependent Relative and Appendix FM, so that a sponsor with limited leave under the EU Settlement Scheme, based on their residence in the UK before the end of the post-EU exit transition period at 11pm on 31 December 2020, must also have been a European Economic Area or a Swiss national by that date. This change applies to applications made prior to 16 July 2025.
Long residence criteria - ‘lawful presence’ clarified
The next change is in relation to the long and continuous residence requirements whereby the qualifying period requirements are being changed to clarify time spent as a British citizen is considered lawful presence, except where British citizenship has subsequently been deprived.
The rules are also being changed to remove an inconsistency that currently exists for long residence applications. Time with permission in the Crown Dependencies on a route equivalent to those in the UK, will be deemed as lawful presence in the UK. This applies to applications made on or after 29 July 2025. Applications made before that date will be decided in accordance with the Immigration Rules in force on 28 July 2025.
Mandatory refusal and revocation
A further change to Part 9 of the Immigration rules will make refusals of applications or cancellation of permission mandatory for people excluded from asylum or humanitarian protection or non-refoulement.
International Civilian Employees - US specific update
New expectations after US trade talks, deals and diplomacy are evident in the latest update to the Immigration Rules for International Civilian Employees, enabling a group of 50 US Department of Energy federal employees and civilian sub-contractors to come to UK to work on US military equipment. This change takes effect on 17 July 2025.
Other changes
Further changes to the Immigration Rules deal with carious technical corrections and clarifications.
The Home Office will:
- Correct drafting errors in student and family routes to permit refusal of dependants’ applications where the main applicant is refused.
- Align use of English language test certificates (previously accepted in any route) with current guidance in Appendix FM-SE.
- Amend Part 8 of the Rules, to clarify that for academic qualifications Ecctis must have confirmed it was taught or researched in English ‘if awarded outside of the UK’.
- Clarify that Electronic Travel Authorisations are needed for some individuals who are entering the UK from Ireland by crossing the land border (if they entered the Republic of Ireland ‘from a place outside the common travel area, or having left the UK whilst having a limited leave to enter or remain there which has since expired. This will bring clarity to passengers making such a journey and is in keeping with the Government’s position that people travelling to the UK from Ireland must do so in line with the UK’s immigration laws.
Drafting alignments
Finally, changes are being made to align the drafting across the Immigration Rules. These are not policy changes, but presentational adjustments intended to provide greater transparency, clarity, and consistency.
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