27-page statement, HC 836, makes numerous changes to the Rules, taking effect from 16 July 2025
The Home Office has today published the latest statement of changes to the Immigration Rules (HC 836).
You can download the 27-page statement here or read it online here. The accompanying 8-page explanatory memorandum can be read online here or downloaded here..
There are changes to Appendix International Armed Forces and International Civilian Employees, Appendix Long Residence, Appendix Continuous Residence, and Appendix Private Life. There are also amendments to the EU Settlement Scheme (EUSS), specifically relating to the definition of the continuous qualifying period. In addition, changes to Part 9 make it mandatory to refuse applications or cancel permission for individuals who are excluded from asylum, humanitarian protection, or protection under the principle of non-refoulement.
The changes come into effect from 16 July 2025:
According to the explanatory memorandum, the rules on long residence are being clarified so that time spent as a British citizen will now count as lawful residence unless that citizenship was later revoked (for example, if it was obtained fraudulently). In addition, the definition of continuous residence is being amended to fix an inconsistency, and now includes time spent in the Crown Dependencies (Jersey, Guernsey and the Isle of Man) under similar visa routes.
The EU Settlement Scheme (EUSS) is being updated to respond to confusion among EU citizens with pre-settled status about what "continuous residence" means. According to the explanatory memorandum, many were worried they might have lost eligibility for settled status due to absences from the UK. The new rule allows people to qualify for settled status if they have been resident in the UK for at least 30 months out of the most recent 60 months, making it easier to meet the criteria even with some time abroad. This change applies both to those applying themselves and to those being upgraded automatically under the Home Office's process.
The explanatory memorandum states:
5.14 A pre-settled status holder must maintain their continuous residence in the UK in order to qualify for settled status. Currently, ‘continuous residence’ generally means that they have not been absent from the UK for more than six months in total in any given 12-month period. There are some exceptions to this, such as a single period of absence of up to 12 months for an important reason, as well as some exceptions for absences related to COVID 19.
5.15 However, stakeholders have highlighted some confusion on the part of pre-settled status holders regarding permitted absences from the UK, which may have led some to inadvertently break their continuous residence in the UK (and thereby cease to be eligible for settled status) by exceeding the permitted absence(s) from the UK. To simplify the assessment of continuous residence, these changes enable a pre-settled status holder to 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 that 60-month period.
5.16 These changes will apply under the automated process referred to above, as well as where a pre-settled status holder applies for settled status. The evidence of UK residence on which an EUSS applicant can rely will remain as set out in published guidance.
Changes being made to Appendix Private Life are aimed at helping children and young adults who have grown up in the UK. Young adults who were granted permission before 20 June 2022 under private or family life rules will now be able to settle after five years if they meet the "half-life" test (i.e., they've spent at least half their life in the UK). Children who've lived in the UK for seven years can now qualify for settlement after five years, aligning them with other similar routes and ensuring they are not unfairly treated. The rules are also being updated to ensure consistent residence requirements for children born in the UK.
Part 9 of the Immigration Rules are being amended to make it mandatory to refuse or cancel immigration permission for individuals who are excluded from asylum, humanitarian protection, or non-refoulement due to serious conduct, such as criminality or security concerns. Refusals and cancellations that were previously at the Home Office's discretion will now be required by law.
The changes are intended to ensure such individuals cannot gain leave to enter or remain under other immigration routes. Exceptions still apply where removal would breach the UK's human rights obligations, in which case restricted leave may be granted on a temporary basis.
Other minor changes include technical corrections and clarifications across various parts of the Immigration Rules. These include fixing drafting errors in the family and student routes, updating the rules on who can act as a sponsor under the EU Settlement Scheme, aligning the use of previous English language test certificates with existing guidance, and clarifying that Electronic Travel Authorisations (ETAs) are required for certain travellers entering the UK from Ireland. Additional minor amendments have been made to improve consistency and correct referencing errors across the Rules.