This blog addresses key frequently asked questions about maintaining and regaining EU Settlement Scheme (EUSS) status after time spent abroad.
Following Brexit, many European nationals who secured status under the EU Settlement Scheme (EUSS) now face uncertainty about whether they can return to the UK after spending time abroad. In this blog, we will answer some of the most common queries about maintaining and regaining EUSS status after a period of absence.
1. If I have pre-settled status, can I return to the UK after living abroad?
Yes, provided certain conditions are met. If you hold pre-settled status, you must ensure that you do not spend more than five consecutive years outside of the UK; otherwise, your status will lapse. It is also important to keep in mind, if you do not reside in the UK, the border official has the power to cancel your pre-settled or settled status at the time of your entry.
Additionally, if you hold pre-settled status, in order to qualify for settled status, you need to show continuous residence in the UK for at least five years, meaning you must not have spent more than six months outside the UK in any 12-month period for at least 5 years (certain exceptions may apply).
2. If I have settled status, can I live abroad indefinitely and return at any time?
No, while settled status gives you the right to live in the UK permanently, it can be lost if you spend more than five consecutive years outside the UK (four years for Swiss nationals), and if you do not maintain residency in the UK.
3. I have pre-settled status but was absent for more than six months in one year. Can I still apply for settled status?
It depends. If you have exceeded the six-month rule, you may have broken your continuous residence and could be ineligible for settled status. However, depending on the reason for your absence, you may still be able to apply for settled status and seek discretion from the Home Office to disregard your absence.
4. How can I ensure I maintain my right to return to the UK?
How to avoid losing your status:
- If you have pre-settled status, keep an eye on your absences and ensure that you are not exceeding the limit of six months in a year. You should also maintain your residency in the UK.
- If you have settled status, ensure that you remain resident in the UK to avoid lapse of your status.
5. What should I do if I am unsure about my status?
If you are unsure about your rights to return after spending time outside the UK, seek immigration advice to confirm whether you still hold valid status, and what steps you may need to take to protect or regain your ability to live in the UK.
For expert guidance on your EU Settlement Scheme status, contact our immigration specialists today.
Updated: 28 February 2025
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The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.
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