Table Of Contents
- Absence rules under EUSS with Pre-Settled status
- Absence rules under the EUSS with Settled status
- Why do absence rules under EUSS matter
- Summary
Nationals of the EU, other EEA nations (Norway, Iceland, Liechtenstein), or Switzerland who were living in the UK by 31 December 2020 and their family members can apply for EUSS (EU Settlement Scheme). Successful applicants obtain either Pre-settled status or ‘Settled’ status, depending on how long they have been resident in the UK.
You may be granted Pre-Settled status if you have not yet completed five years of residence in the UK, and once you accumulate five years of qualifying residence, you may be granted Settled status.
Both statuses allow you to live, work, study, and access services in the UK. However, these rights depend on following absence rules under EUSS, or in other words, maintaining continuous residence.
If you have got Pre-settled or Settled status under the EUSS (EU Settlement Scheme), you should understand the absence rules, meaning how long you can stay outside the UK. Your absences from the UK can directly affect whether you keep your status or qualify for settled status (Indefinite Leave to Enter or Remain).
After Brexit, Pre-Settled Status or Settled Status under the EUSS confirmed your right to continue to live in the UK.
But one question may still worry you: “How long can you stay outside the UK”?
Whether you return home to see family, travel overseas for work, study abroad, or spend extended time overseas, you must understand how the absence rules under EUSS affect your EUSS rights.
Absence rules under EUSS with Pre-Settled status
If you are a qualifying individual, you may be eligible to convert your EUSS – Pre-settled Status (limited leave to remain) to EUSS – Settled Status (Indefinite Leave to Remain) as long as you have not been outside the United Kingdom, the Channel Islands, or the Isle of Man for more than:
• 30 months or 2.5 years in the last 60 months or 5 years; or
• 6 months or 180 days in any 12-month period within the qualifying 60-month period.
There are some exceptions, though, meaning that in certain situations, you can have a longer absence of up to 12 months for an important reason, such as:
o Serious illness
o Study or training
o Work posting overseas
o COVID-19 related reasons
If you are not upgraded to a settled status because you fail to meet the absence rules, you will be able to keep your pre-settled status. However, the Home Office could cancel it later if you no longer meet the requirements.
If you break the absence rule limits, you may break your continuous residence and risk losing your pathway to EUSS – Settled status.
Absence rules under the EUSS with Settled status
If you hold settled status (indefinite leave to enter or remain) under the EUSS, you are only permitted to be outside the UK and the Islands for a particular period of time or under certain circumstances before your EUSS – Settled status lapses through the operation of law. The periods are:
• more than 5 years, if you previously had a settlement in the UK under the EUSS (EU Settlement Scheme)
• more than 4 years, if you previously had a settlement in the UK under the EUSS (EU Settlement Scheme) as a Swiss national or a family member of a Swiss national
If you lost your settled status under the EUSS, or in other words, your status lapsed due to absence from the UK beyond the absence rule limits, and you now want to return and settle in the UK, you must apply for entry clearance to return to the UK.
If you are a genuine returning resident, your application will be assessed by a decision maker under Appendix Returning Resident to the rules. Appendix Residence to the rules is a part of the UK Immigration Rules that allows people who previously held ILR or EUSS – Settled status in the UK—but got it lapsed due to long absences—to apply to come back and live in the UK again.
Why do absence rules under EUSS matter?
Absence rules under EUSS matter because if you fail to follow these rules, you may:
• Lose your pre-settled or settled status
• Have delays or refusal when applying for settled status
• Have issues when applying for British citizenship later
Summary
Absence rules under EUSS can help you retain your rights to live, work, and study in the UK. If you have got Pre-settled status and follow the absence rules, you can easily be eligible for settled status after 5 years of continuous residence in the UK. Similarly, in order to avoid your settled status from lapsing, you must follow the absence rules for settled status holders.
Understanding absence rules under EUSS is crucial because they can affect your eligibility for settled status, your ability to apply for British citizenship, and whether your current status remains valid.
Not following the absence rules can lead to delays, refusals, or loss of status.
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