28 Mar EU Settlement Scheme
EU Settlement Scheme
Absences from the UK and Impact on Settled Status
By Arona St James Solicitors
March 2025
The EU Settlement Scheme (EUSS) is crucial for EU, EEA, and Swiss nationals living in the UK post-Brexit. However, absences from the UK can impact your status, potentially delaying your path to settled status or even leading to its loss. Understanding the Home Office’s rules on continuous residence is essential for protecting your rights.
At Arona St James Solicitors, an expert immigration law firm in East London, we help individuals, families, and businesses navigate the complex rules of the EU Settlement Scheme. If you’re concerned about how absences might affect your immigration status, our team is here to assist you.
How Absences Affect Pre-Settled and Settled Status
Pre-Settled Status: Maintaining Continuous Residence
To qualify for settled status, you must complete five years of continuous residence in the UK. This means:
- Spending at least six months in the UK in any 12-month period.
- A single absence of up to 12 months for an important reason (e.g., pregnancy, serious illness, work posting, study abroad) is allowed.
- COVID-19-related absences exceeding 12 months may be accepted with proper evidence.
If an absence exceeds 12 months without sufficient justification, your continuous residence is broken, and you will need to restart the five-year qualifying period upon return.
Case Study: COVID-19 and Extended Absences
Marta, an Italian national, was studying in Spain when the pandemic hit. Due to travel restrictions, she stayed abroad for 18 months. By providing medical reports and university advice letters, she proved she was unable to return earlier.
Outcome: The first 12 months were accepted, but the remaining six months extended her qualifying period to five and a half years.
What Happens If You Break Continuous Residence?
If you break your continuous residence before reaching five years, you:
- Will not qualify for settled status.
- May be granted an extension of pre-settled status for another five years.
- Can appeal a refusal if removing your status would be disproportionate.
Under the Withdrawal Agreement, the Home Office cannot automatically remove pre-settled status for a broken residence period without considering personal circumstances.
Settled Status: How Long Can You Stay Outside the UK?
Once you have settled status, you can spend up to:
- Five consecutive years outside the UK (four years for Swiss nationals).
- Short visits to the UK reset the five-year period.
Case Study: Maintaining Settled Status with Short Visits
Anna, a German national, moved back to Germany in 2021 but returned to the UK for a one-week visit in 2024.
Outcome: Her brief visit reset the five-year clock, allowing her to stay abroad until 2029 without losing her settled status.
Key Steps to Protect Your Status
If You Have Pre-Settled Status:
- Keep absences under six months in any 12-month period.
- Provide strong evidence for absences exceeding 12 months.
- Apply for settled status as soon as you qualify.
If You Have Settled Status:
- Do not stay outside the UK for more than five consecutive years.
- Make short visits to reset the absence period.
- Consider applying for British citizenship for long-term security.
How Arona St James Solicitors Can Help
As a leading immigration law firm in East London, Arona St James Solicitors has over 25 years of experience assisting individuals, families, and businesses with complex immigration matters. We offer:
- Expert advice on the EU Settlement Scheme.
- Personalised legal solutions for those affected by extended absences.
- Appeals & representation for refused EUSS applications.
- Support for employers managing EUSS compliance for employees.
If you’re worried about your pre-settled or settled status, contact Arona St James Solicitors today for expert immigration advice.
If you need help, we are happy to assist and support you through this process.
Please get in touch with us on 0208 175 5000 or email hello@aronastjames.co.uk