People who have pre-settled status, in particular, must to be aware of the absence rules. If they travelled outside of the UK for more than 6 months in any 12-month period during the 5 years it takes to qualify for settled status, they have to start the five-year counter all over again. If they return after 31st December 2020, they may lose the ability to get settled status entirely.
Absences and the EU Settlement Scheme
Absence from the UK exceeding six months in total for any twelve-month period is subject to some exceptions:
- A prison sentence
- A deportation, exclusion or removal decision or order
How to calculate absences
The six month cap is not limited to a single period outside the UK. also applies to multiple trips if they add up to six months. The rules refer to “any 12-month period” – not a calendar year. It considers a “rolling” period, which resets on return from every trip. Applicants who travel frequently need to keep a close eye on their travel. Finally, such absences are only relevant if they are in the “qualifying period”. Once the five-year period is complete, an applicant only loses the right to apply for settled status if they then spend more than five years outside the UK.
There is one question: What constitutes a “month”? It is not defined anywhere in the Immigration Rules or the pre-Brexit provisions for EU citizens. From other kinds of application, Home Office guidance defines a month as being “30 calendar days”, so six months would equal 180 days: slightly less than half a year, which is 182.5 days.
Scarsdale Immigration Solicitors
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