Absence from the UK Under the EU Settlement Scheme

The EU Settlement Scheme (EUSS) grants pre-settled status (limited leave) for five years or settled status (indefinite leave) based on continuous residence in the UK. Understanding how absences affect this status is crucial for EU/EEA/Swiss citizens and their family members.

Continuous Residence

To qualify for settled status, applicants must complete five years of continuous residence, meaning they:

• Were in the UK before 31 December 2020 (unless a joining family member), and
• Have not broken continuous residence with excessive absences.

Permitted Absences

During the five-year qualifying period, an individual can be absent for:

• Up to six months in any rolling 12-month period for any reason.
• One absence of up to 12 months for an “important reason” (e.g., study, work, illness, childbirth, or an overseas posting).

Covid-19 Absences

The Home Office adapted EUSS rules to account for Covid-19 disruptions:

• Absences up to 12 months due to Covid-19 (illness, border closures, travel restrictions) do not break continuous residence.
• Some longer absences may be accepted with justification and supporting evidence.
• Any absence beyond 12 months pauses the qualifying period, extending the time required to reach five years.

Multiple Extended Absences

The scheme allows two extended absences – one for an important reason (up to 12 months) and one related to Covid-19 (which may exceed 12 months). However, absences beyond 12 months extend the qualifying period.

Absences After Settled Status Once granted settled status, a person can:

• Spend up to five consecutive years outside the UK without losing status.
• Swiss citizens and their family members can stay abroad for up to four years.

Breaking Continuous Residence

• If continuous residence is broken, an applicant cannot qualify for settled status.
• Pre-settled status holders may not lose status immediately, as the Home Office must assess proportionality before revoking it.

What Should You Do?

If you are unsure whether absences affect your status or need help securing settled status, GSC Solicitors LLP can provide expert legal guidance.

Contact us today to talk to our expert team.

Absences from the UK can impact EUSS status, but exceptions exist. Understanding these rules ensures compliance and protects residency rights. If you need support navigating the EU Settlement Scheme, contact GSC Solicitors LLP for tailored advice.