EUSS and Time Outside the UK: Understanding Absences
- kjbinternational
- Apr 7
- 7 min read
If you have a pre-settled or settled status under the EU Settlement Scheme, it's crucial to understand how absences from the UK can affect your immigration status. Spending too much time outside the UK could impact your ability to get settled status or even cause you to lose it. In this guide, we'll break down the rules, provide examples, and give tips on how to protect your status.
What is Continuous Residence?
To qualify for settled status, you need to have lived in the UK continuously for five years. This means you must spend at least six months in the UK in any 12-month period during those five years.
Example:
If you moved to the UK in January 2019 and plan to apply for settled status in January 2024, you must not have spent more than six months outside the UK in any single 12-month period.
When Can You Be Absent From the UK based on EUSS Absences?
Short Absences (Up to Six Months in a Year)You can spend up to six months (180 days) outside the UK in any 12-month period without breaking your continuous residence. The reason for your absence doesn’t matter.
✔ Example: Maria visits her family in Spain for four months in 2021. Later that year, she takes a two-month holiday to Italy. Since her total absence in that 12-month period is six months, she maintains her continuous residence.
One Longer Absence (Up to 12 Months) for an Important Reason. You are allowed one single absence of up to 12 months if you have a good reason. These include:
Studying abroad
Pregnancy and childbirth
Serious illness
Work placement or overseas posting
COVID-19-related reasons (e.g., travel restrictions, illness, etc.)
✔ Example: Tom, a German national, studies in Canada for 10 months in 2021. Since studying is an important reason, this absence does not break his continuous residence.
Absences Due to Covid-19: If you were unable to return to the UK because of the pandemic, your absence might be excused. The Home Office accepts reasons like:
Flight cancellations or border closures
Needing to care for a sick family member
Choosing to stay abroad due to health concerns
✔ Example: Emma was in France when the pandemic hit. She decided to stay with her parents for 14 months because she was worried about traveling. She explained her situation and provided supporting documents, and her absence was accepted.
What Happens if You Break Continuous Residence?
If you spend too much time outside the UK, you may face consequences:
Pre-Settled Status: If you hold pre-settled status, you might lose it if your absences exceed the limits for continuous residence. The Home Office could assess whether removing your pre-settled status is fair if you’ve been absent too long.
Settled Status: You need five years of continuous residence in the UK to qualify for settled status. If you’ve had more than six months’ absence in any 12-month period (unless excused), you may not qualify. Excessive absences could delay your application even if you qualify for a settled status.
Can You Have Two Long Absences?
You can have two extended absences: one for an important reason (up to 12 months) and one for COVID-19 (which could be longer). However, any extra time beyond 12 months won’t count toward your five-year period of continuous residence.
✔ Example: Lucas had a 10-month absence in 2019 for work and then a 14-month absence in 2020 due to Covid-19. Since one was for work and one was for COVID-19, his residence isn’t broken, but he needs to stay in the UK longer to make up for the lost time.
What if You Have an 18-Month Absence for Study Outside the UK?
If you spent 18 months outside the UK for study, this would exceed the maximum allowable absence for a single reason (12 months for studying). The impact on your status would be as follows:
For Pre-Settled Status:
If you hold pre-settled status and you were outside the UK for more than 6 months in any 12-month period, your pre-settled status could be at risk. An 18-month absence for study is likely to break your continuous residence, meaning the Home Office could revoke your status or prevent you from applying for settled status until you've made up the lost time.
For Settled Status:
You need five years of continuous residence in the UK to apply for settled status. If your 18-month absence was during your qualifying period, it could affect your ability to apply for settled status. The Home Office will assess whether the absence is reasonable or if you’ve had enough time in the UK to make up for the lost period. You may need to stay longer in the UK to meet the five-year requirement.
Example of 18-Month Absence for Study:
Scenario:
A French national, Sophie had pre-settled status under the EU Settlement Scheme. She moved to Spain in 2020 to study for a master’s degree, and her studies lasted for 18 months. Now, she wants to apply for a settled status in 2025.
Outcome:
Sophie’s 18-month absence would break her continuous residence because it exceeds the 12-month limit for studying abroad. As a result, she would not qualify for settled status unless she makes up the lost time in the UK. The Home Office may also assess whether to remove her pre-settled status due to the prolonged absence.
What Happens After You Get Settled Status?
Once you have settled status, you can spend up to five years outside the UK without losing it (or four years if you are a Swiss citizen).
✔ Example: After getting her settled status, Anna moved to Germany for four years for work. She returns to the UK for a few days before the five-year limit, so her status remains valid.
Tips to Protect Your Status
Track your absences: Keep a record of your trips outside the UK, including dates and reasons.
Save supporting documents: If you have an extended absence, keep proof (e.g., employer letters, medical records, school enrollment letters).
Apply for settled status as soon as possible: If you qualify, don’t wait!
Stay informed: Rules may change, so always check the latest guidance on the UK government website.
How to Make Up Lost Time in the UK
Suppose your absences from the UK have broken your continuous residence, particularly if you’ve exceeded the allowable time outside the country for study or other reasons. In that case, it’s important to understand how you can make up the lost time to regain your eligibility for pre-settled or settled status.
Here’s what you need to know about making up lost time:
1. Spending More Time in the UK
The most straightforward way to make up for lost time is simply to spend more time in the UK. The Home Office requires you to demonstrate continuous residence for a set period (five years for settled status).
If your absence has caused you to fall short of this time, you’ll need to physically be in the UK for longer to meet the continuous residence requirement.
✔ Example: Sophie, who had an 18-month absence for study, originally left the UK in 2020 with pre-settled status. She would need to stay in the UK longer after her return to make up for the lost time. Let’s say she returns in 2025, but her total time in the UK only adds up to four years and six months. Sophie will need to stay an additional six months in the UK to reach the five-year requirement for a settled status. Once she completes that extra time, she can then apply for a settled status.
2. How Long Should You Stay?
For settled status, you must have five years of continuous residence in the UK. If you’ve been absent for a period (e.g., 18 months), you need to stay in the UK long enough to meet the five-year continuous residence requirement.
If you were absent for an extended period (like the 18 months in our example), the Home Office will expect you to make up that period by staying in the UK for the appropriate length of time after you return. The time you spend in the UK will be counted towards your continuous residence, but any time you spend outside the UK will not.
3. How to Prove Your Continuous Residence
Maintaining records of your time in the UK is important, especially if you’ve had to make up lost time.
Keep proof of residence, such as utility bills, bank statements, or rental agreements that show you’ve been living in the UK for the required period.
The Home Office may ask you to provide evidence of your stay in the UK, so be sure to collect and keep any documents that can demonstrate that you’ve met the requirements.
4. What Happens If You Can’t Make Up the Lost Time?
If you're unable to make up the lost time and complete your required continuous residence:
Pre-settled status holders: If you cannot meet the continuous residence requirement, you may not be able to apply for settled status when you reach five years. You might need to extend your pre-settled status and continue to live in the UK for a longer period before applying for a settled status.
Settled status applicants: If you don’t make up the lost time, you may not be eligible for settled status. You will need to wait longer and keep track of your absences to ensure you qualify.
5. Other Considerations for Making Up Lost Time
Family Situations or Employment: If the reason for your absence was due to family circumstances (e.g., taking care of a sick relative) or employment, you may be able to use this as evidence for making up lost time if you're reapplying or trying to explain your situation to the Home Office.
COVID-19 Absence: If your absence was due to the pandemic, this may be excused. The Home Office has been more lenient regarding absences related to travel restrictions and health concerns due to COVID-19.
Conclusion
If you’ve had an extended absence from the UK, you can make up for lost time by spending additional time in the UK, ensuring you reach the required five years of continuous residence for a settled status. Keep a record of your time in the UK, and make sure to track your absences carefully.
If you’re uncertain about your situation, it’s a good idea to seek legal advice from an immigration solicitor to ensure you follow the rules correctly and take the right steps to maintain your status.
Disclaimer: This post is for informational purposes only and should not be considered legal advice. It is based on our interpretation of current UK government regulations and policies regarding the EU Settlement Scheme. Immigration rules are subject to change, and individual circumstances may vary. If you require specific guidance on your situation, we strongly recommend consulting a qualified immigration adviser or solicitor. The scenarios presented in this blog are purely fictional and are intended to illustrate possible situations; they do not depict real individuals or actual cases. Always verify the latest official guidance from the UK Home Office before making any immigration-related decisions.
KJB International Aid Ltd.
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Email: info@kjbinternationalaid.com
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