New Statement of Changes to the Immigration Rules – June 2024
The UK government has made important updates to the Immigration Rules, affecting EU nationals, long-term UK residents, children, and individuals with a history of exclusion from refugee protection. These changes aim to make the system fairer and easier to navigate.
EU Settlement Scheme Changes – effective 16 July 2025
In order to be eligible for Settled Status, those under the EUSS must be able to show “Continuous Residence” in the UK. At the moment, that means that they must not have been absent from the UK for more than 6 months in total in any give 12-month period.
However, the Home Office have accepted that this ruling has caused some confusion regarding permitted absences, and has led to some people inadvertently breaking their continuous residence in the UK by exceeding the permitted absences.
The rule changes being introduced now mean that people with pre-settled status (temporary status for EU nationals and their families) no longer have to prove they’ve been in the UK without long absences. Instead, they now only need to show they’ve lived in the UK for at least 30 months out of the last 5 years (60 months).
People can be automatically moved from pre-settled to settled status by the Home Office if they meet the requirements.
New Restrictions for those excluded from asylum or protection claims – effective 16th July 2025
Under the current rules, the Home Office have a discretionary right to refuse a visa to anyone who has been excluded from refugee protection under Article 1F of the Refugee Convention. Individuals are excluded under Article 1F id they have committed serious crimes, including war crimes, crimes against humanity or terrorist acts.
The new rules change this discretionary refusal to one where the application must be refused, a mandator refusal. This will apply where the Home Office have, at any time, decided that the applicant is excluded from the refugee convention. With this now being a mandatory refusal, it will make it near impossible for people who fall under this category to be granted a visa for the UK.
It formalises stricter treatment of people who are considered a threat or who have previously committed serious offences.
Clarifying What Counts Towards “Long Residence” – effective 29th July 2025
The rules on Long Residence have been clarified to confirm that time spent living in the UK as a British Citizen is considered lawful presence. This will apply to people who have previously held Citizenship, however have since renounced this, for example to obtain Citizenship of a country which does not permit dual nationality. It will not apply to people who have been deprived of Citizenship, for example due to fraud or deception.
The changes will also clarify that time spent living in Crown Dependencies (like Jersey, Guernsey, or the Isle of Man) now also counts.
Chances to Appendix Private Life – effective 29th July 2025
In October 2021 the Home Office introduced a concession which allowed young adult to settle in the UK once they had five years lawful residence, providing they had med the “half-life test” under the private life rules, and been granted a visa on these grounds.
The half-life test is met where a person:
- Was aged between 18 – 25 at the date of application,
- Arrived in the UK legally
- Has spent at least half of their life continuously in the UK.
The new changes being implemented in _ will allow those who were first granted under this route before 20 June 2022 to settle in the UK under the five-year private life rules, instead of the 10 year route.
These changes will also allow for children who have been granted under the “7-year child route” to apply for settlement after 5 years as well. This applies even to those granted under the family life rules.