On 24 June 2025, the Home Office laid before Parliament the Statement of Changes HC 836 to the Immigration Rules (HC 836). This legislative update introduces a series of targeted reforms aimed at simplifying residence assessments, clarifying policy implementation, and addressing anomalies affecting various visa and settlement categories. While not as wide-ranging as previous reforms, the changes are nonetheless significant for applicants under the EU Settlement Scheme (EUSS) and other individuals.
The Statement of Changes HC 836 staggers implementation on three dates: most provisions take effect on 16 July 2025; a discrete set of rules for International Armed Forces and International Civilian Employees begins on 17 July 2025; and further amendments commence on 29 July 2025
Read the Explanatory Memorandum here.
Read the PDF version of the Statement of Changes HC 836 here.
Overview and Legislative Context of Statement of Changes HC 836
The new rules, affecting multiple appendices of the Immigration Rules, apply across the entirety of the UK.
According to the Explanatory Memorandum, the changes primarily concern:
- Appendix Long Residence
- Appendix Continuous Residence
- Appendix Private Life
- The EU Settlement Scheme (EUSS) and so forth
Changes Effective from 16 July 2025
EU Settlement Scheme: A Practical Shift in the Definition of Continuous Residence
One of the most notable amendments is the change to the definition of “continuous qualifying period” under Appendix EU, effective 16 July 2025.
Previously, pre-settled status holders risked breaching the continuous residence requirement if they were absent from the UK for more than six months in any 12-month period, potentially jeopardising their eligibility for settled status. This rule, although precise, led to confusion and inadvertent non-compliance.
To address this, the Home Office has adopted a more flexible and arguably fairer test. As noted in paragraph 5.15 of the Explanatory Memorandum:
“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 change will apply both to automated upgrades from pre-settled to settled status and formal applications made under the EUSS.
Additionally, amendments to Annexe 1 of Appendix EU clarify how this new test will operate. Specifically, subparagraph (b)(i)(ii) now states (Pg 10 of Statement of Changes HC 836 PDF):
“…any period(s) of absence which did not exceed a total of 30 months in the most recent 60-month period…”
This offers a pragmatic alternative to individuals who may have had legitimate but extended periods of absence, such as due to family or work obligations.
Amendments to Part 9: Mandatory Refusals and Cancellations
From 16 July 2025, the Immigration Rules, Part 9, will be amended to introduce mandatory refusal and cancellation provisions for applicants who are excluded from international protection due to serious conduct.
As per paragraph 5.17 from the Explanatory Memorandum:
“Foreign nationals who are excluded from asylum or humanitarian protection or non-refoulement due to their conduct are not welcome in the UK and will be deported or administratively removed, unless to do so would breach the UK’s obligations under the European Convention on Human Rights.”
The amendments now make it compulsory to refuse or cancel leave where the Secretary of State determines the individual meets the exclusion clauses under paragraphs 339AA, 339AC, 339D, or 339GB, even if the individual has not formally lodged a protection claim.
The new paragraph 9.5.1 in the Statement of Changes HC 836 PDF (Pg 8):
“An application for entry clearance, permission to enter or permission to stay must be refused where the Secretary of State…has at any time decided that paragraph 339AA…339AC, 339D or 339GB of these rules applies…”
This provision strengthens the UK’s border security stance while aligning administrative decisions with the provisions of the Refugee Convention regarding exclusion.
Other 16 July Amendments
Beyond the headline policy shifts, HC 836 also introduces a suite of technical yet essential adjustments that take effect in July 2025. First, the Electronic Travel Authorisation (ETA) scheme is expanded to require non-visa nationals who make local land journeys from the Republic of Ireland to the UK but hold no existing UK permission to obtain an ETA in advance.
Second, the relationship rules for Student and Graduate dependants are harmonised with Appendix Relationship with Partner: paragraphs ST 32.1 and GR 11.1/11.2 now make the success of a partner’s application contingent on the lead applicant’s grant of leave and adopt the standard partnership wording.
Third, Appendix FM-SE allows applicants to reuse any English-language test certificate that the Home Office accepted in a previous successful application, thereby eliminating unnecessary duplication. Finally, the “knowledge of language and life” (KOLL) list is expanded to recognise additional English-speaking countries, and legacy spouse-and-partner provisions in Part 8 are redrafted for consistency and clarity.
Changes effective 17 July 2025
From 17 July 2025, a new carve-out in the Immigration Rules will enable a limited cohort of around 50 U.S. Department of Energy staff and their civilian subcontractors to enter the UK under Appendix International Armed Forces and International Civilian Employees to service U.S. military equipment stationed in the UK. The appendix outlines bespoke suitability and evidential requirements, permitting a single grant of leave, typically 60 days, aligned with Ministry of Defence operational needs. Transitional provisions confirm that any application lodged before 17 July 2025 will continue to be assessed under the rules in force on 16 July.
Changes Effective from 29 July 2025
Changes to Appendix Private Life: Extending Access to Settlement
Effective from 29 July 2025, the settlement provisions under Appendix Private Life are amended to benefit young adults and children previously disadvantaged under earlier iterations of the rules.
Half-Life Test and Pre-2022 Applicants
Under the Statement of Changes HC 836, young people granted permission based on private or family life before 20 June 2022 who meet the half-life test will now be eligible for settlement after five years rather than ten. The half-life test applies to those who:
- Are aged between 18 and 25
- Arrived in the UK before the age of 18
- Have spent at least half their life continuously in the UK
This update ensures that individuals who would have qualified under the October 2021 concession are not unfairly penalised due to the later incorporation of the rules.
Settlement for Children After Seven Years’ Residence
Additionally, children who have lived in the UK for seven years and held leave under Appendix FM or outside the rules before 20 June 2022 may now qualify for settlement after five years. As explained in the Explanatory Memorandum:
“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.” (5.9)
This amendment reflects the Home Office’s broader child-centric approach to immigration assessments.
Continuous Residence Requirements for UK-born children
A new section (PL 15A) has been added to align the continuous residence rules for UK-born children with those applicable to other children. Notably, absences exceeding six months or totalling more than 550 days will break residence, except in defined circumstances. (pg 17-18 of Statement of Changes HC 836 PDF)
Appendix Continuous Residence: Greater Consistency and Inclusion of Crown Dependencies
From 29 July 2025, a completely redrafted Appendix Continuous Residence comes into force. The substantive policy change pertains to the treatment of time spent in the Crown Dependencies, specifically the Isle of Man, Jersey, and Guernsey.
According to the new CR 3.5 of the Statement of Changes HC 836:
“Any time the applicant has spent lawfully in the Channel Islands or the Isle of Man on a route equivalent to those permissible in the UK is treated…as time spent in the UK.”
This amendment promotes consistency across the UK’s broader immigration ecosystem and offers greater clarity to applicants with trans-jurisdictional histories.
Other key features of the redrafted Appendix include:
- Expanded categories of compassionate and compelling absences that do not break residence
- Tailored rules for specific routes such as Skilled Worker, Innovator Founder, Global Talent, and Family Life
- Clarification on the lawful presence and periods not counted towards the continuous residence
Appendix Long Residence: Clarifying Citizenship and Lawful Residence
Further clarification has been added to Appendix Long Residence, specifically regarding the calculation of qualifying periods.
From 29 July 2025, time spent as a British citizen will count as lawful presence, except where the citizenship has subsequently been deprived, e.g., due to deception. The insertion of LR 3.1(d) and LR 11.1(d) reads:
“…a period as a British citizen, except where citizenship has subsequently been deprived.” (pg 15-16)
This ensures individuals who lose their citizenship through official action do not benefit from the privileges associated with lawful residence during that period.
Minor Amendments in the Statement of Changes HC 836
The Statement of Changes HC 836, in addition to the headline reforms, HC 836, includes a series of narrower yet still impactful technical fixes and clarifications that take effect on 16 July 2025. These include:
- Correction of an omission in the relationship requirements for dependent partners under the Student and Graduate routes.
- Alignment between Immigration Rules and caseworker guidance regarding the use of previous English language test certificates.
- Clarification on Electronic Travel Authorisations (ETAs) validity expanded so that non-visa-nationals making local land journeys from the Republic of Ireland to the UK must secure an ETA if they hold no extant UK leave.
“This will bring clarity to passengers making such a journey and is in keeping with the Government’s long-standing position that people travelling to the UK from Ireland must do so in line with the UK’s immigration laws.” (Explanatory Memorandum, para 5.28)
These changes, while not substantive in policy, are vital in ensuring a coherent and legally sound rulebook for caseworkers, legal practitioners, and applicants alike.
Final Thoughts
The June 2025 Statement of Changes HC 836 signals a continued evolution of the UK’s immigration framework, aiming for simplification, fairness, and better alignment with international obligations. These amendments reflect the Home Office’s strategic intent to refine and modernise its immigration policies.
For applicants and legal representatives, it is essential to stay informed of these updates, particularly where transitional provisions may impact application timelines and eligibility.
