On 24 June 2025, the UK Government released its Statement of Changes to the Immigration Rules. Among the changes due to come into force this summer is a welcome change to absence rules for EU citizens with pre-settled status, which had been criticised as confusing.
What is changing?
From 16 July 2025, EU citizens and their family members who currently hold pre-settled status will qualify for settled status if they have lived in Scotland or the UK for at least 30 months in the five years preceding their application.
Previously, EU citizens had to show they had not been absent from the UK for more than six months in any 12-month period, with some exceptions for absences for important reasons such as serious illness or study.
What does this mean for EU citizens in Scotland?
If you currently hold pre-settled status under the EU Settlement Scheme and have lived in Scotland or the UK for at least 30 months in the last five years, you may be eligible for settled status from 16 July 2025.
If you already hold settled status, this change does not affect you.
What do EU citizens with pre-settled status need to do now?
The Home Office introduced a new process in January 2025 to automatically convert eligible pre-settled status holders to settled status. You will be contacted by the Home Office if your status is due to be converted automatically. You should ensure that your contact details are up to date with the Home Office, so you do not miss any updates.
If you are not contacted, you can apply for settled status as soon as you are eligible. Contact us for advice and assistance with making a settled status application.
Does this affect future eligibility for British citizenship?
Settled status gives you the right to live and work in Scotland or the UK without restriction. It is a permanent status which you can only lose if you are outside the UK for five years or more. Some people who have made their permanent home in Scotland or the UK choose to apply for British citizenship, especially as the UK Government allows dual citizenship.
However, when applying for British citizenship, you must show that you have not been absent from the UK for no more than 90 days in the 12 months preceding the application and no more than for 450 days in the five years preceding the application.
If you have been granted settled status under the new rules set out above and you have significant absences, you should seek advice before applying for British citizenship.
Our expert team can advise and act as representative on your settled status and British citizenship applications. We also offer a fixed fee consultation service.
Please contact us on +44 3330 430350 or complete an online enquiry and a member of the team will contact you.
