Changes to the Immigration Rules
By : Tiffany Carpenter
On 24 June 2025, the government announced changes to the Immigration Rules. The full statement can be found here, and a brief overview is below.
EU Settlement Scheme
In January 2025, the Home Office began automatically converting pre-settled status to settled status, without people needing to make another application under the EUSS. Currently, they must have continuous residence, i.e. not absent from the UK for more than 6 months out of any 12-month period, although there are some exceptions.
Now, the Rules regarding permitted absences are being simplified. People with pre-settled status will now be granted settled status, as long as they’ve been living in the UK for at least 30 months sometime during the past 5 years. This change is effective from 16 July 2025 onwards.
Restricted leave
The current policy on restricted leave is being extended. Restricted leave a special form of permission to stay that is outside the Immigration Rules. It is for foreign nationals (who are excluded from asylum or humanitarian protection, or refoulement) due to their conduct, and who would normally be deported or administratively removed from the UK, except that doing so would either breach the European Convention on Human Rights or the Refugee Convention. It is granted on a temporary basis, with a view to removing the individual from the UK as soon as possible. Part 9 of the Immigration Rules is being amended, so that it is now mandatory to refuse an application for permission in other immigration categories.
Additionally, entry clearance or permission already held by a person who was excluded from asylum or humanitarian protection or refoulement, must be cancelled. This change is effective from 16 July 2025 onwards.
Appendix Private Life
Previously, a concession introduced in October 2021 allowed settlement for young adults who had 5 years’ lawful permission in the UK and who met, or previously met, the “half-life test” (meaning they’ve spent at least half their life in the UK). The concession was incorporated into the Rules.
Now, young people granted permission based on their family or private life before 20 June 2022, can settle under the 5-year rules if they either meet the half life test at the date of application or met it in a previous application.
This was introduced to ensure young adults “who would have benefited from the concession are not disadvantaged.”
New changes will also allow children who have lived in the UK for 7 years to settle after 5 years.
Finally, continuous residence requirements will be aligned so that children born in the UK who are applying for settlement, and children born outside the UK applying for permission to stay, will face the face similar requirements.
These changes are in line with the Government’s previous policy paper “Restoring control over the immigration system” dated 6 June 2025, which promised to ensure that children who have been in the UK for some time and turn 18 have a clear pathway towards regularisation and settlement. The explanatory memorandum also explains, “To prevent this group accessing the five-year route is not in the spirit of the private life rules, and disadvantages children in comparison to young adults.”
These changes are effective from 29 July 2025 onwards.
Appendix Continuous Residence
A child born in the UK who applies for settlement can now count time spent in the Isle of Man, Jersey and Guernsey as lawful presence in the UK (as long as it’s on a similar route). This change is effective from 29 July 2025 onwards.
Appendix Long Residence
Time spent in the UK as a British citizen cannot be counted towards lawful residence, if the person has been deprived of British citizenship. This change is effective from 29 July 2025 onwards.
Appendix Adult Dependent Relative and Appendix FM
This will be redrafted, so that a Sponsor with limited leave under the EUSS must also have been an EEA or Swiss national by 31 December 2020.
Appendix Student and Appendix Graduate
This will be redrafted, so that dependent partners will be refused if the main applicant is not successful.
Appendix FM-SE
This will be amended, so that a previous English language test certificate can be used if the Home Office has already accepted it as part of a successful previous application in any category.
Appendix Adult Dependent Relative and Appendix ETAs)
Non-visa nationals, who travel from Ireland to the UK via land, and who do not hold any pre-existing leave to enter or remain in the UK, must obtain an ETA when crossing the border.
Other changes
Other changes are being made to ensure clarity. According to the Home Office, they do not represent policy changes and are merely intended to correct minor drafting errors.
If you are considering making an application to enter, stay, settle, or get citizenship, we highly recommend speaking to an immigration lawyer. They can assess your situation, offer tailored advice and help prepare the required forms and documents. If you would like to discuss your situation with us, please contact our advisors today at 0208 995 3556.