The EU Settlement Scheme was established to allow EU, EEA, and Swiss citizens living in the UK to secure their residency rights following Brexit. If you are a citizen from these regions and have applied for settled or pre-settled status, it is essential to understand how absences from the UK can affect your status. This article will provide a clear overview of the rules regarding absences and what you need to know to maintain your residency rights.
Settled vs. Pre-Settled Status
Before diving into the specifics of absences, it’s important to clarify the difference between settled and pre-settled status:
- Settled Status: This is granted to individuals who have lived in the UK for a continuous period of five years. It allows you to stay in the UK indefinitely.
- Pre-Settled Status: This is for those who have not yet lived in the UK for five years. It allows you to stay in the UK for up to five years, after which you can apply for settled status.
Absences from the UK
For Settled Status Holders
If you have settled status, you can be absent from the UK for up to five consecutive years without losing your status. This means that if you leave the UK for an extended period, as long as it does not exceed five years, your settled status remains intact.
For Pre-Settled Status Holders
If you hold pre-settled status, the rules are stricter. You must not be absent from the UK for more than two consecutive years. Exceeding this limit will result in the loss of your pre-settled status, and you may need to reapply if you wish to return to the UK.
Continuous Residence Requirement
To qualify for settled status, you must demonstrate continuous residence in the UK for five years. During this time, you can only be absent for up to six months in any 12-month period. There are exceptions for certain circumstances, such as:
- Serious illness
- Pregnancy or childbirth
- Study or work commitments
If you are absent for more than six months in a 12-month period without a valid reason, it may break your continuous residence, affecting your eligibility for settled status.
Conclusion
Understanding how absences from the UK affect your status under the EU Settlement Scheme is crucial for maintaining your residency rights. Whether you have settled or pre-settled status, adhering to the specified limits on absences is essential. If you have any concerns or need personalized advice. feel free to reach out to Kash Legal Services. We are here to help you navigate the complexities of immigration law and ensure your residency rights are safeguarded.