How Long Can You Spend Out of The UK if You Have Settled Status
If you have settled status or pre-settled status under the EU Settlement Scheme what are the immigration rules on absences from the UK?
At OTS Solicitors our Immigration Solicitors can answer all your settled status and immigration law questions.
UK Online and London-Based Immigration Solicitors
For immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Leaving the UK with settled status
Many EU nationals who have settled status or pre-settled status under the EU Settlement Scheme don’t realise that there are strict rules on absences from the UK. That lack of awareness isn’t surprising as before Brexit all EU nationals could come and go as they pleased and without having to worry about their immigration status.
With the end of free movement, it is essential to understand the immigration rules on what you can and cannot do with pre-settled status and settled status.
If you don’t follow the rules on absences from the UK, the Channel Islands and the Isle of Man whilst you have settled status you could lose your settled status. That means you won't be able to continue to live in the UK unless you get a visa because you will not be able to reapply for settled status.
There are several types of visas, such as Work Visas (the Skilled Worker Visa or Health and Care Worker Visa) or Family Visa (such as the Spouse Visa or Unmarried Partner Visa) but all these visas require sponsorship by an employer with a sponsor licence or by a partner with British citizenship or Indefinite Leave to Remain status. It may be difficult to meet the eligibility criteria for one of these visas as the minimum salary threshold for most Skilled Worker Visas is now £38,700 and to qualify for a Spouse Visa your partner currently needs to earn £29,000 a year.
The UK immigration rules on absences from the UK with settled status
If you have settled status under the EU Settlement Scheme most holders can only spend 5 years out of the UK, the Channel Islands and the Isle of Man without losing their settled status. The rules say that the absences count if they consecutively amount to 5 years out of the UK.
The rules are a bit different if you are originally from Switzerland or if you are a family member of a Swiss national. The rules say you can only spend up to 4 years consecutively out of the UK.
The UK immigration rules on absences from the UK with pre-settled status
If you have pre-settled status under the EU Settlement Scheme you will also lose your status if you are absent from the UK, the Channel Islands and the Isle of Man for 5 continuous years (or 4 if you are Swiss or a family member of a Swiss national).
However, it is critical to be aware that if you are out of the UK, the Channel Islands and the Isle of Man for more than 6 months in any 12 months you will breach the immigration rules on the continuous residence requirement to qualify for full settled status. The 6-month rule means 180 days under the EU Settlement Scheme rules. You need to convert to settled status to be able to live permanently in the UK.
There are some exceptions to the 6-month rule and pre-settled status applications. These include:
- You can be absent from the UK for one period of up to 12 months for a significant reason. For example, a bereavement or childbirth
- Your military service of any length – provided the service is compulsory in nature
If you have pre-settled status and you need to leave the UK for 6 months or more then talk to our Immigration Solicitors on 0203 959 9123 about your options.
How OTS Solicitors can help you with settled status inquiries and immigration questions
If you have pre-settled status or settled status our expert Immigration Solicitors can help you with:
- Queries about converting pre-settled status to settled status
- Converting settled status to British citizenship
- What to do if you did not apply for settled status by the application deadline
- Loss of settled status or pre-settled status
- Work Visa and Family Visa applications if you have lost settled status or did not apply for it
- If a family member wants to join you in the UK
- Your rights, including your right to work, with pre-settled status or settled status
- Evidence of your settled status if you are planning an absence from the UK
- Options and exceptions to the rules if you have pre-settled status and need to leave the UK for longer than 6 months
UK Online and London-Based Immigration Solicitors
For settled status and immigration law advice call London-based OTS Solicitors on 0203 959 9123 or contact us online.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
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