Immigration Changes in Statement HC 836 – what do they mean?

The UK government has released its latest Statement of Changes to the Immigration Rules (HC 836), with shocking implementation dates throughout July 2025. While this update may not be as headline-grabbing as some recent changes, it introduces several important adjustments that will impact individuals under the EU Settlement Scheme, those with restricted leave, and applicants under Private Life, Long Residence, and other routes.

Below we will explore what’s changing and what it means for applicants and practitioners.

Changes effective from 16 July 2025

EU Settlement Scheme: Flexibility in “Continuous Qualifying Period”

The definition of “continuous qualifying period” under Appendix EU has been revised. Now, pre-settled status holders can qualify for settled status if they have been resident in the UK for at least 30 months within the most recent 60-month period, rather than needing to avoid long absences.

This is a positive and much-needed simplification. Previously, many pre-settled status holders risked losing eligibility for settled status due to confusion around permitted absences (such as trips over six months). The new rule offers flexibility, making it easier for individuals who may have temporarily left the UK (for studies, family reasons, or other personal matters) to still qualify, so long as they’ve accumulated 30 months of residence within the five years.

Restricted leave: new limits on Protection-Based Routes

The restricted leave policy is now the only form of leave available to individuals excluded from protection under certain paragraphs of the Immigration Rules (e.g. 339AA, 339AC, 339D, 339GB). This prohibits any leave being granted on other grounds.

This codifies a tougher stance on people the Home Office deems excluded from refugee or humanitarian protection, such as those considered a danger to the UK or who fall under Article 1F of the Refugee Convention. These individuals will only be eligible for the most limited and controlled form of stay, which restricts rights to work, benefits, and long-term settlement. The legal scope for appeal or alternative applications is being narrowed.

Changes effective from 17 July 2025

U.S. Civilian personnel access to the UK

Changes to Appendix International Armed Forces will allow a specific group of around 50 U.S. Department of Energy federal employees and sub-contractors to come to the UK to work on U.S. military equipment.

This is a niche but significant bilateral move, reflecting UK–US defence cooperation. While the impact is limited in scale, it shows the Home Office’s responsiveness to strategic defence requests, creating a tailored immigration route for a specific cohort.

Changes effective from 29 July 2025

Appendix Private Life: Expanded access to Settlement

1. Settlement for over-18s who met “Half-Life Test” Before June 2022

Adults who met the half-life test before 20 June 2022 (i.e., they’ve spent at least half their life in the UK) and were granted leave under Appendix FM or outside the rules can now qualify for settlement.

This is a long-overdue alignment of past discretionary policies with current rules. It prevents unfair exclusion of individuals who would qualify today but were granted leave under different categories in the past.

2. Children on the Family Route qualify for Five-Year Settlement

Children who previously applied under Appendix FM or outside the rules and have lived in the UK for seven years can now settle after five years, even if not on the private life route.

This removes a technical barrier that disadvantaged certain children based solely on the application route used by their families. It recognises the principle that lengthy residence of children in the UK should offer a faster path to settlement, regardless of procedural history.

3. Continuous residence for UK-Born Children

A new, detailed paragraph (PL 15A) replaces the old PL 15.1, setting out clear continuous residence requirements for UK-born children applying under Private Life.

This aligns the rules for UK-born children with those for children born abroad, providing consistency and clarity. Parents and advisers will now have more predictability in assessing eligibility.

4. Appendix Continuous Residence: Crown Dependencies now count

Time spent in Jersey, Guernsey, or the Isle of Man, on routes equivalent to those in the UK, will now count as lawful residence for UK immigration purposes.

This is a useful harmonisation, especially for individuals who have lived across both the UK and Crown Dependencies. It closes a gap where lawful presence outside the UK mainland wasn’t previously counted for long residence or settlement purposes.

5. Appendix Long Residence: Citizenship Time no longer counts if deprived

If someone has been deprived of British citizenship, the time they spent in the UK as a British citizen will now not count towards their 10-year long residence application.

This is a strict new measure, likely aimed at individuals who obtained citizenship fraudulently. It ensures that those whose citizenship is removed cannot use that period to qualify for indefinite leave via long residence, reinforcing the consequences of deprivation.

6. Minor Drafting Corrections

Several minor textual corrections have also been made throughout the rules, aimed at improving legal precision without changing substance.

The HC 836 Statement of Changes marks a technical but significant recalibration of the UK’s immigration system. The most impactful changes, particularly around EU Settlement Scheme absences, Private Life settlement for children, and Crown Dependency residence reflect a shift towards greater flexibility and fairness for long-term residents.

At the same time, the changes to restricted leave and long residence eligibility post-citizenship deprivation signal a tougher, more restrictive stance on those seen as abusing or threatening the system. Overall, this statement strengthens both practical fairness and legal clarity, which should be welcomed by applicants and legal advisers alike.

Our immigration lawyers are here to help. Please feel free to contact Ruth Karimatsenga via email at ruth.karimatsenga@clarkslegal.com  or Monica Mastropasqua at monica.mastropasqua@clarkslegal.com. We are here to help you every step of the way.