A suite of important immigration rule changes are set to take effect in July 2025 (Immigration Rules HC836) marking a significant shift across several key areas of the UK’s immigration framework.
The amendments highlight a more flexible residence test under the EU Settlement Scheme (EUSS), corrections to the Private Life route for children and young adults, a stricter approach to applicants excluded from international protection, recognition of time spent as a British citizen under long residence provisions, broader use of prior English language tests, and expanded Electronic Travel Authorisation (ETA) requirements.
In this article, we will break down the changes within the Immigration Rules HC836 in detail. Keep reading to find out how they could affect you.
EUSS Continuous Residence Test (30 months in 60 months period)
Effective date： 16 July 2025
A significant change to the EU Settlement Scheme (EUSS) will ease the path to settled status for many applicants with pre-settled status which came into effect on 16 July 2025. Under the updated rules, individuals no longer need to demonstrate continuous residence in the UK since the end of the Brexit transition period (31 December 2020). Instead, they will be eligible for settled status if they can show 30 months of UK residence within the previous 60 months, regardless of whether that period includes lengthy absences.
This reform addresses a critical gap in the original scheme, which left many EEA nationals and their family members at risk of losing their route to permanent residence due to a lack of awareness about the strict “6 months in any 12 months” absence rule. The adjustment follows extensive legal advocacy and reflects the UK government’s compliance with the 2022 High Court decision in R (IMA) v Secretary of State for the Home Department, which found parts of the EUSS unlawful.
In practical terms, this change benefits pre-settled status holders with extended absences, those eligible for the Home Office’s automated upgrade to settled status, and applicants who may have technically breached residence requirements under the previous rules but have maintained substantial ties to the UK. This marks a welcome step toward greater fairness and clarity in the post-Brexit immigration framework.
Private Life corrections for children
Effective date: 29 July 2025
From 29 July 2025, the Immigration Rules will introduce a targeted but important correction to the Private Life route, specifically aimed at children and young adult who missed out on a previous concession offered by the Home Office. The new rule reinstates and formalises a narrow but crucial pathway for children and young adults who:
- Could have benefitted from the Home Office’s earlier Private Life concession;
- Did not apply under the Private Life route before 20 June 2022;
- Instead received leave as a dependent under Appendix FM (family life) or even leave outside the Rules.
These individuals will not be required to show that they are currently on, or were last granted, leave under the Private Life route in order to apply for settlement. Instead, they will be assessed based on their 5-year continuous legal residence history.
Secondly, a more specific additional continuous residence rules at PL 15.1 have been introduced for children born in the UK, who have been living in the UK continuously for seven years.
Private life route for children Eligibility before:
| Child born in the UK | After seven years continuous residence (with or without legal permission) can apply for immediate settlement with their UK birth Certificate and relevant documents, proving that it is not reasonable to expect the child to leave the UK | IMMEDIATE |
| Child or young adult born outside the UK | Child not born in the UK with seven years residence or young adult with ‘half-life’ in the UK, need to have leave on Private life first, then can apply for settlement after they are on the Private life route for 5 years | FIVE YEARS AFTER ON QUALIFYING ROUTE |
Private life route for children Eligibility after 29 July 2025:
| Child born in the UK | After meet the continuous seven years residence requirement at PL 15.1 (see below) (with or without legal permission) can apply for immediate settlement with their UK birth Certificate and relevant documents, proving that it is not reasonable to expect the child to leave the UK. | IMMEDIATE |
| Child or young adult born outside the UK | Child not born in the UK with seven years continuous residence or young adult with ‘half-life’ in the UK, can apply for settlement after they are on Private route/Family life route/ leave outside the Rules route for 5 years. | FIVE YEARS AFTER ON QUALIFYING ROUTE |
Relevant rules:
“For PL 15.1. (including the title before PL 15.1), substitute:
“Continuous Residence requirement for settlement on the Private Life route
PL 15.1. The applicant must meet the continuous residence requirements as set out in Appendix Continuous Residence for the qualifying period for settlement, unless they are a child born in the UK.
Continuous residence requirements for a child born in the UK applying for settlement on the Private Life route
PL 15A.1. The period of continuous residence at PL 13.2. may include time spent in the UK with or without permission.
PL 15A.2. The period of continuous residence at PL 13.2. does not include any period during which the applicant was serving a sentence of imprisonment or was detained in an institution other than a prison.
PL 15A.3. The period of continuous residence at PL 13.2. is broken (i.e. is no longer continuous) if any of the following apply:
(a) the applicant has been absent from the UK for more than 6 months at any one time; or
(b) the applicant has spent a total of 550 days or more absent from the UK during the period of continuous residence at PL 13.2.; or
(c) the applicant has been removed, deported or has left the UK having had an application for permission to enter or stay in the UK refused; or
(d) the applicant left the UK with no reasonable expectation at the time of leaving that they would lawfully be able to return.” .”
Restricted leave for certain excluded individuals
Effective date: 16 July 2025
A significant and consequential change has taken effect under Part 9 of the Immigration Rules. Under the new provisions, it will now be mandatory, rather than discretionary, for the Home Office to refuse an application for Entry clearance, Permission to enter and Permission to stay in cases involving individuals excluded from international protection on specific serious criminal or harmful conduct grounds. These changes apply to individuals who have either already been excluded under Part 11, specifically paragraph 339AA, 339AC, 339D or 339GB or individuals who would be excluded under those provisions had they submitted a protection claim.
If an individual falls within these exclusion categories, their application for entry clearance, permission to enter, or permission to stay must be refused. Similarly, any existing permission must be cancelled. In such cases, the only form of leave available is restricted leave—a temporary and limited form of immigration status that does not lead to settlement or British citizenship. Such leave is typically granted in narrow circumstance to comply with internation legal obligation, and may be subject to strict reporting and monitoring requirements.
Relevant rules:
“Exclusion from the Refugee Convention
339AA. This paragraph applies where the Secretary of State is satisfied that the person should have been, or is, excluded from being a refugee in accordance with Article 1D and 1E of the 1951 Refugee Convention and Article 1F of the Refugee Convention, as defined in section 36 of the Nationality and Borders Act 2022.
Danger to the United Kingdom
339AC. This paragraph applies where the Secretary of State is satisfied that: Article 33(2) of the Refugee Convention applies in that:
(i) there are reasonable grounds for regarding the person as a danger to the security of the United Kingdom; or
(ii) having been convicted by a final judgment of a particularly serious crime, the person constitutes a danger to the community of the United Kingdom (see section 72 of the Nationality Immigration and Asylum Act 2002).
Exclusion from humanitarian protection
339D. An asylum applicant is excluded from a grant of humanitarian protection for the purposes of paragraph 339C(iv) where the Secretary of State is satisfied that there are serious reasons for considering that the asylum applicant:
(i) has committed, instigated or otherwise participated in the commission of a crime against peace, a war crime, a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes; or
(ii) has committed, instigated or otherwise participated in the commission of a serious non-political crime outside the UK prior to their admission to the UK as a person granted humanitarian protection; or
(iii) has been guilty of acts contrary to the purposes and principles of the United Nations; or
(iv) having been convicted by a final judgement of a particularly serious crime (as defined in Section 72 of the Nationality, Immigration and Asylum Act 2002), constitutes a danger to the community of the UK; or
(v) is a danger to the security of the UK.
Revocation of humanitarian protection on the grounds of exclusion
339GB. This paragraph applies where the Secretary of State is satisfied that the person granted humanitarian protection should have been or is excluded from humanitarian protection under paragraph 339D of these rules.”
Long residence for British Citizenship
Effective date: 29 July 2025
From 29 July 2025, Appendix Long Residence will be amended to allow individuals to count time spent in the UK as a British citizen towards the 10-year lawful residence requirement under paragraphs 3.1 and 11.1.
This change recognises that some individuals may have held British citizenship for part of their residence period and subsequently lost it—either voluntarily or through official deprivation. However, an important distinction is drawn. That the time spent as a British citizen will ONLY count towards long residence if the person voluntarily renounced their citizenship but not where they have been the subject of a deprivation process.
A new guidance on Declaration of renunciation that is published in May noted that if one voluntarily renounces their British citizenship and want to live in the UK. If they are living in the UK, they can apply for settlement at the same time as they apply to give up their citizenship. The settlement application will be decided after the renunciation has been processed.
Reuse of English Test across different routes
Effective date: 16 July 2025
Applicants now will be permitted to reuse an English language test certificate that was previously accepted as part of a successful immigration application, regardless of the route under which it was originally submitted.
This amendment brings the Immigration Rules in line with existing caseworker guidance, ensuring consistency and reducing unnecessary duplication. As long as the certificate was accepted by the Home Office in a prior successful application, it can now be relied upon in subsequent applications—even if the applicant is switching to a different visa route.
Expanded ETA requirement
Effective date: 15 July 2025
An important clarification for individuals crossing the UK-Ireland border has taken into effect on 15 July 2025. The Electronic Travel Authorisation (ETA) validity requirements are being amended to formally include a specific category of travellers previously omitted from the Immigration Rules. Under the updated Rules, an ETA will be explicitly required for relevant nationals who:
- Enter the UK from the Republic of Ireland,
- Having arrived in Ireland from outside the Common Travel Area (CTA), or
- Having previously held limited leave to enter or remain in the UK that has since expired unless they are classified as an S2 Healthcare Visitor.
Final comments
This concludes our explanation about the latest changes to the immigration rules, Immigration Rules HC836. Contact us today for help with any of our immigration legal services you may require, or subscribe to our newsletter for further updates.
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