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Reframing Continuity: The 2025 Changes to EUSS Residence Rules under HC 836

Introduction

On 24 June 2025, the Home Office laid before Parliament Statement of Changes HC 836, introducing a transformative amendment to the EU Settlement Scheme (EUSS). This development marks a significant evolution in how the Home Office interprets and applies the concept of “continuous qualifying residence” for pre-settled status holders seeking settled status. The changes are set to come into force on 16 July 2025.

Previous Legal Framework and Challenges

Historically, under Appendix EU, individuals holding pre-settled status were required to demonstrate continuous residence in the United Kingdom for five years to become eligible for settled status. Continuity was defined with precision: applicants must not have been absent from the UK for more than six months in any rolling twelve-month period, save for a single absence of up to twelve months for an “important reason” such as pregnancy, childbirth, serious illness, study, vocational training, or an overseas posting. Any breach of this rule risked breaking the continuous residence period and could thereby prevent progression to settled status.

This rigid formulation has long drawn criticism from legal practitioners, migrant rights organisations, and the Independent Monitoring Authority (IMA). It has been widely acknowledged that the rule failed to account for the complexity of modern migration patterns and the realities of transnational life. In particular, the COVID-19 pandemic exposed the inherent inflexibility of the rule, with many individuals stranded abroad or forced to prioritise family responsibilities, thus breaching the permitted absence thresholds through no fault of their own.

The 2025 Amendment: A Cumulative Residence Test

Statement of Changes HC 836 responds directly to these challenges. From 16 July 2025, the new rule dispenses with the six-month rolling absence limit and replaces it with a cumulative test: applicants must now demonstrate that they have been physically present in the United Kingdom for at least thirty months out of the most recent sixty-month period. This revised test for continuity will apply to both individuals applying for settled status manually and those automatically upgraded through the Home Office’s automation process, as confirmed in paragraphs 5.15 and 5.16 of the Explanatory Memorandum to HC 836.

Policy Rationale and Treaty Compliance

The policy rationale underpinning this change appears to be twofold. First, it introduces a more flexible and realistic metric of residence, one that better accommodates the varied and often disrupted patterns of movement experienced by many EUSS participants. Second, it ensures greater compliance with the United Kingdom’s obligations under the Withdrawal Agreement, which guarantees residence rights to qualifying EU citizens and their family members and prohibits overly restrictive conditions that might undermine those rights.

Implications for Applicants

The shift to a cumulative presence model will have profound implications. It will allow applicants who were previously ineligible due to absences to re-enter the settlement pathway. For example, an applicant who spent two years outside the UK caring for a relative abroad, but who was otherwise resident in the UK for three years, would now meet the thirty-month threshold and become eligible for settled status. Similarly, individuals who work in industries requiring periods of travel or cross-border flexibility will benefit from this more accommodating approach.

Crucially, this change also reopens the door for those who were refused settled status solely on the grounds of absences. Depending on their circumstances, these individuals may now be able to request a reconsideration, submit a fresh application, or pursue an appeal if still within time. It is likely that this revision will lead to a wave of renewed applications and queries, particularly among applicants who were previously deemed non-compliant with the continuous residence requirement.

Professional Considerations and Evidentiary Strategies

For legal advisers and regulated representatives, this amendment invites a thorough reappraisal of client eligibility. Practitioners should now assess not only whether a client’s absences breached the prior six-month rule, but whether the total time physically spent in the UK within the last five years meets or exceeds the thirty-month threshold. This may require collation and cross-referencing of documents such as bank statements, tenancy agreements, utility bills, employment records, and NHS correspondence to evidence presence in the UK.

Reception by the Legal and Oversight Community

The Independent Monitoring Authority, which previously initiated legal action against the Home Office for non-compliance with the Withdrawal Agreement, has welcomed the change. It described the amendment as an important step towards ensuring the scheme functions in a fair and proportionate manner. Legal commentators, including those at Free Movement, have similarly noted that this simplification of the permitted absences rule brings much-needed clarity to an area of law that was often misunderstood by applicants and misapplied by caseworkers.

Wider Implications and Policy Direction

Although the change is specific to the EU Settlement Scheme, it may also prompt broader reflection on the concept of continuous residence across other parts of the Immigration Rules. The introduction of cumulative presence as a measure—rather than a rigid rolling absence test—marks a notable shift in Home Office thinking. It arguably reflects an evolving approach to immigration policy: one that recognises and accommodates the increasingly fluid, international lives led by migrants.

Conclusion

At Quastels, we are already advising clients on how these changes may impact their immigration position. Our team is available to assist with eligibility assessments, applications for settled status, and challenges to previous refusals. We welcome this development as a measured, legally sound, and human-centred reform that will bring the EUSS back in line with its original purpose: to safeguard the rights of those who built their lives in the United Kingdom before Brexit.

Sources and Citations:

• Home Office, Statement of Changes HC 836 (24 June 2025)
• Home Office, Explanatory Memorandum to HC 836, Paragraphs 5.15–5.16
• Independent Monitoring Authority (IMA) Press Release, June 2025
• Free Movement: “Statement of Changes HC 836 sees changes to permitted absences for EU Settlement Scheme” (24 June 2025)
• Appendix EU to the Immigration Rules, as amended

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INTERPOL’s Silver Notices and India’s Crypto Crackdown: Legal Implications for Cross Border Asset Recovery

In a development of growing significance to cross border legal practitioners and asset protection advisors, INTERPOL has introduced a new category of international alert: the Silver Notice. This tool, designed to trace and recover criminal assets globally, represents a material evolution in the architecture of international law enforcement. In May 2025, India issued its first ever Silver Notices, applying the mechanism in two high value crypto fraud cases. The move signals a more assertive posture by Indian authorities and underscores a broader trend of convergence between asset recovery, financial regulation, and cross border policing.

What Is An INTERPOL Silver Notice?

Launched in January 2025, the Silver Notice is INTERPOL‘s latest alert mechanism, joining its suite of colour coded notices such as the Red (wanted persons) and Blue (location of suspects). Uniquely, the Silver Notice is designed not to locate individuals, but to trace proceeds of crime, including real estate, corporate interests, financial accounts, and digital assets such as cryptocurrency wallets and NFTs.

The mechanism operates under INTERPOL Rules on the Processing of Data (RPD) and is primarily used to facilitate international cooperation in asset identification and restraint, often preceding mutual legal assistance requests or asset seizure applications in local courts.

India’s First Silver Notice: A Strategic Shift

As part of a pilot involving 51 participating countries, India has deployed its first ever Silver Notices in the following two matters:

Shubham Shokeen

A former visa officer at the French Embassy in Delhi, accused of issuing Schengen visas in exchange for bribes ranging from  ₹15 lakh to ₹45 lakh per applicant. The proceeds were allegedly used to purchase luxury property in Dubai valued at 15.7 crore. India had earlier issued a Blue Notice to locate Mr Shokeen; the Silver Notice now aims to trace and recover his Dubai assets.

Amit Lakhanpal

The founder of a fraudulent cryptocurrency scheme, MTC, which raised ₹113 crore from investors without regulatory approval. Lakhanpal is accused of impersonating a senior government official and misappropriating funds internationally. A Red Notice was previously issued against him; the new Silver Notice targets the recovery of assets generated by the scam.

The significance of these notices cannot be overstated. This is not only India’s first deployment of this enforcement tool, it is also one of the first globally, placing India at the forefront of INTERPOL’s new asset recovery regime.

Legal Analysis: Implications for the UK and Cross Border Practice

For clients and advisers with international exposure, particularly those operating in digital finance or holding property abroad, Silver Notices introduce a new category of legal risk. From a UK legal standpoint, several key frameworks come into focus:

1. Proceeds of Crime Act 2002 (POCA) and Civil Recovery. Under Part 5 of POCA, UK enforcement agencies such as NCA or HMRC can initiate civil recovery proceedings based on foreign intelligence, including INTERPOL notices. A Silver Notice involving assets in the UK could prompt an Account Freezing Order (AFO) or Property Freezing Order (PFO), even in the absence of domestic criminal proceedings.
2. Economic Crime and Corporate Transparency Act. Recent amendments under this legislation have strengthened the ability of UK agencies to seize and convert crypto assets linked to criminal activity. These powers can be exercised on the basis of intelligence from foreign jurisdictions, including INTERPOL alerts, if properly supported by evidence.
3. Mutual Legal Assistance and Bilateral Agreements. The UK India Mutual Legal Assistance Treaty (MLAT) and provisions under the Crime (International Co operation) Act 2003 permit cooperation in tracing and seizing assets, even where those assets are held by nominee structures, SPVs, or in anonymised digital wallets. A Silver Notice can serve as a basis for initiating such cooperation.
4. Due Process and Abuse Safeguards. Silver Notices do not currently undergo the same scrutiny as Red Notices, but clients subject to one may experience reputational harm, banking restrictions, or immigration complications. There remains the possibility of challenging such notices before INTERPOL’s Commission for the Control of Files (CCF) on grounds such as procedural fairness, abuse of process, or violation of due process norms.

Strategic Guidance for Clients and Institutions

The emergence of Silver Notices has direct implications for:

• Private clients with cross border wealth structures
• Crypto asset holders, including early investors and exchangers
• Family offices managing international portfolios
• Banks and fiduciaries with KYC and PEP screening obligations

At Quastels, we advise clients facing complex international scrutiny and enforcement risks, including INTERPOL alerts, crypto seizures, and asset protection matters. Our multi-disciplinary approach spans immigration, international protection, and cross border support.

Conclusion

The deployment of Silver Notices marks a pivotal shift in the global enforcement landscape, signalling that suspected financial crime, particularly involving digital assets, will increasingly be met with proactive, internationally coordinated responses. For individuals and institutions with cross border exposure, the focus is no longer solely on personal liability but on the traceability and recovery of assets, wherever they are held.

At Quastels, we are uniquely positioned to guide clients through this complex terrain, combining technical expertise in international protection, and immigration with a strategic understanding of international enforcement trends.

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Youth Is No Exception: The Importance Of Wills

The unexpected and tragic passing of Liam Payne in October 2024 has brought to light the critical importance of estate planning and wills. 

The former One Direction star died without leaving a valid will, leaving his £24.3 million estate to be managed under UK intestacy laws. This situation raises the potential complications and unintended consequences that can arise when individuals, regardless of their wealth, status or age, fail to put in place proper arrangements.

The Consequences of Dying Intestate

In the UK, when someone dies without a will, their estate is distributed according to the rules of intestacy. These rules prioritise spouses, civil partners, and direct descendants, but they do not account for cohabiting partners, stepchildren, or close friends. In Payne’s case, his entire estate is set to be inherited by his eight-year-old son, Bear. However, as a minor, Bear cannot manage the estate himself, leading to the appointment of his mother, Cheryl Tweedy, and a music lawyer as administrators to oversee the estate until Bear reaches the age of 18.

This arrangement, while legally sound, may not reflect Payne’s personal wishes. Without a will, there’s no formal record of how he intended his assets to be distributed, potentially leading to family disputes or legal challenges. In addition, the absence of a will means that specific bequests to friends, charities, or other individuals cannot be honoured, regardless of any verbal intentions or informal agreements.

Inheritance Tax Implications

One of the significant drawbacks of dying intestate is the potential for increased Inheritance Tax (IHT) liabilities. In the UK, estates exceeding the nil-rate band of £325,000 are subject to a 40% IHT on the amount above this threshold. While there are allowances, such as the residence nil-rate band, which can increase the threshold to £500,000 when passing the family home to direct descendants, these benefits may not be fully utilised without proper estate planning.

A well-drafted will can incorporate strategies to mitigate IHT.  For instance, leaving at least 10% of the estate to charity can reduce the IHT rate on the remaining estate from 40% to 36%. Without a will, these opportunities for tax efficiency are often missed, potentially reducing the value of the inheritance passed on to beneficiaries.

The Importance of a Will in Succession Planning

Beyond tax considerations, a will is a fundamental tool for succession planning. It allows individuals to:

• Appoint Executors: Designate trusted individuals to manage the estate, ensuring that assets are distributed according to the deceased’s wishes.
• Assign Guardians: Specify who will care for minor children, providing clarity and security for their future. 
• Detail Specific Bequests: Allocate particular assets or sums of money to friends, relatives, or charities, ensuring that personal relationships and philanthropic intentions are honoured.
• Establish Trusts: Create trusts to manage assets for beneficiaries who may not be ready or able to handle large inheritances, such as minors or individuals with disabilities.

In Payne’s situation, the lack of a will means that these critical decisions are left to the courts and administrators, which may not align with his personal preferences.

The Risks of Inheriting Too Young 

Whilst Bear is still a minor, his inheritance will be held on a statutory trust until he turns 18. At that age, Bear would gain full and unrestricted control over the entire estate, regardless of his financial maturity or readiness. This creates a considerable risk that the wealth could be mismanaged, lost, or attract unwanted influence. 

Proper estate planning could have mitigated these risks through the creation of a discretionary trust, allowing appointed trustees to manage and distribute funds according to Bear’s needs and maturity level over time, rather than handing over multi-millions at a legally but not necessarily developmentally appropriate age. This approach not only protects the estate but also supports the long-term well-being of the beneficiary. 

Potential Claims Under the 1975 Act

One further complication in cases of intestacy, especially among the wealthy and high-profile, is the increased likelihood of litigation. Under the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act), certain individuals can bring a claim against the estate if they believe that the distribution under intestacy (or even under a valid Will) does not make “reasonable financial provision” for them.

Eligible claimants include spouses, former spouses who have not remarried, cohabitees who lived with the deceased for at least two years, children, and individuals being maintained, wholly or partly, by the deceased immediately before their death. 

If Payne had individuals financially dependent on him who are not adequately provided for under intestacy, they may have grounds to bring a claim. 

While the 1975 Act can offer a safety net in certain circumstances, litigation is expensive, time-consuming, and emotionally fraught. It also places a public spotlight on the deceased’s personal affairs – something most would wish to avoid. A valid, well-drafted Will is the simplest way to reduce the risk of such disputes and ensure clarity for all involved.

Key Takeaways

Liam Payne’s intestacy serves as a poignant reminder of the importance of proactive estate planning. Regardless of age or wealth, creating a will ensures that your assets are distributed according to your wishes, minimises potential tax liabilities, and provides clarity and security for your loved ones. 

While the topic of wills and estate planning may seem premature, especially for young individuals, taking the time to address these matters is a responsible and caring act that can prevent unnecessary complications and provide peace of mind for both you and your family.

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