EUSS Changes July 2025: What Swiss Citizens in the UK Need to Know

Swiss citizens living in the United Kingdom under the EU Settlement Scheme (EUSS) should be aware of an important change to the rules governing eligibility for Settled Status (also known as Indefinite Leave to Remain). This change, which came into effect on 16 July 2025, has the potential to make it easier for those with Pre-Settled Status to qualify for Settled Status, even if they have previously spent significant time outside of the UK.

A More Flexible Approach to Continuous Residence

Under the EUSS, Swiss citizens and their family members have until now been required to demonstrate a continuous period of five years’ residence in the UK in order to qualify for Settled Status. The residence period had to begin before 31 December 2020 and could not include absences of more than six months in any twelve-month period, except in limited circumstances. There were exceptions available for longer absences, such as for an “important reason” (for example, serious illness or study abroad) or for COVID-19 related reasons. However, these exceptions were narrowly interpreted and many Swiss nationals living in the UK found it difficult to satisfy the continuous residence requirement if they had spent extended periods abroad.

The Home Office has now amended Appendix EU of the Immigration Rules to provide a second, more flexible route for demonstrating continuous residence. As of 16 July 2025, applicants for Settled Status can continue to rely on the original five-year continuous residence rule if they wish. Alternatively, they may now show that they have been resident in the UK for a total of at least thirty months during the most recent sixty-month period (that is, five years) before their application.

This new approach means that the residence period no longer needs to begin before 31 December 2020. Nor does it matter how long any one absence from the UK may have been, provided that the total time spent in the UK during the past five years is at least thirty months. For many Swiss citizens, particularly those who have maintained strong ties with Switzerland and travelled back frequently, this new calculation will open up a pathway to Settled Status that was previously closed to them.

Implications for Swiss Citizens with Pre-Settled Status

The introduction of the thirty-month rule is likely to be of greatest benefit to Swiss citizens who currently hold Pre-Settled Status. Many such individuals were automatically granted Pre-Settled Status without fully understanding the continuous residence requirements they would need to meet in order to qualify for Settled Status later. Some may have assumed that automatic extensions of their Pre-Settled Status in 2025 would preserve their eligibility, without realising that extended absences could break the continuity of their residence.

Under the new rule, these individuals now have much greater flexibility. Rather than having to prove that they have never exceeded the six-month absence limit in any given year, they simply need to be able to demonstrate that they have spent thirty months in the UK during the last five years. This can be any thirty months, and the time spent in the UK does not need to be continuous. The new calculation also applies to the Home Office’s automatic upgrading of eligible Pre-Settled Status holders to Settled Status.

It is worth noting, however, that the Home Office has not yet clarified how a “month” will be calculated for the purpose of this rule. The most cautious approach for now is to work on the basis that thirty months equates to 913 days (two and a half years) and to ensure that you can provide clear evidence of at least this number of days spent in the UK during the previous sixty months.

Guidance from the Home Office

The Home Office published updated guidance in June 2025 confirming the changes. The guidance makes clear that Swiss citizens and their family members who were living in the UK before the end of the post-Brexit transition period on 31 December 2020 remain eligible under the EUSS. It also confirms that those who hold Pre-Settled Status will continue to be automatically upgraded to Settled Status when they become eligible, without the need to make a separate application.

The guidance reiterates that Pre-Settled Status holders must maintain their residence in the UK in order to qualify for Settled Status. But the new thirty-month rule means that the assessment of residence is now far more forgiving for those who have taken extended trips outside of the UK. For many Swiss citizens, this will remove a great deal of uncertainty and provide a more achievable pathway to permanent status.

Legal Context and Practical Considerations

Although this change is a positive development, Appendix EU remains a highly complex set of rules. In a recent case, Mustaj v Secretary of State for the Home Department [2025] EWCA Civ 663, the Court of Appeal criticised the confusing and inaccessible drafting of the EUSS rules. This underlines the importance of seeking professional advice if you are unsure about your eligibility.

Swiss citizens who are approaching the point at which they may qualify for Settled Status should take time to review their travel history carefully and gather evidence of their presence in the UK. This might include payslips, bank statements, utility bills or other official documents that demonstrate your residence. The new thirty-month rule is certainly more straightforward to apply than the old continuous residence calculation, but it is still vital to prepare a well-evidenced application.

How Our UK Immigration Lawyers Can Help

If you are a Swiss citizen living in the UK and you are unsure about your eligibility for Settled Status, we can assist you in understanding how the new thirty-month rule applies to your circumstances. We can review your travel history, advise on the best way to evidence your residence, and prepare a strong application on your behalf. We can also advise if you are concerned about previous absences from the UK or if you have already been notified that you may not meet the continuous residence requirement.

To speak with one of our immigration lawyers in Switzerland about your EUSS status, please contact us on +41 21 588 07 70 or submit an enquiry via our website. We will be happy to provide tailored advice and support.