Absence from the UK Under the EU Settlement Scheme: Rules, Limits & Exceptions Explained

November 28, 2025

When you first came to the UK under the EU Settlement Scheme (EUSS), you probably felt a sense of relief.

Whether you hold Pre-Settled Status or Settled Status, it confirmed your right to live in the UK after Brexit.

But one question continues to worry many people:

“How long can I stay outside the UK before my status is at risk?”

Whether you travel for work, return home to see family, study abroad, or simply spend extended time overseas, you must understand how absences affect your EUSS rights.

In this guide, you’ll learn:

How absences are assessed
The new rules for Pre-Settled Status
The absence limits for Settled Status
When exceptions apply
What evidence you must keep
What to do if your absences are excessive

Let’s dive in.

Overview of the EU Settlement Scheme (EUSS)

The EU Settlement Scheme allows EU, EEA and Swiss citizens, as well as their eligible family members, to continue living lawfully in the UK after Brexit.

Applicants are granted:

Pre-Settled Status if they had not yet completed five years of residence
Settled Status once they accumulate five years of qualifying residence

Both statuses allow you to live, work, study and access services in the UK.

However, these rights depend on maintaining continuous residence.

If your absences exceed the permitted thresholds, you may:

delay your eligibility for Settled Status, or
risk losing your status

Tracking your absences and preserving evidence is therefore essential.

Understanding Absence Rules Under the EU Settlement Scheme

Continuous residence under the EUSS means living in the UK with only permitted absences.

However, the criteria now differ depending on whether you hold Pre-Settled or Settled Status.

Since last year, the absence rule for Pre-Settled Status holders changed, and absences are no longer assessed on the “180 days in any 12 months” rule.

UK Visa and Immigration now focuses on whether you meet the overall time spent in the UK during the 5-year qualifying period.

Absence Limits for Pre-Settled Status

The Old Rule (180 Days) Has Been Removed

Under the current rules, Pre-Settled Status holders no longer need to monitor absences in rolling 12-month periods.

The New Requirement

To qualify for Settled Status, you must show that you were physically present in the UK for at least 30 months (2.5 years) in the most recent 5 years before applying.

What This Means for You

You do not need to worry about overlapping 12-month periods.
You must still track your travel to ensure you will reach 30 months of UK presence.
If you have spent too much time abroad, you may need to stay longer in the UK before applying.

Absence Rules for Settled Status

Once you obtain Settled Status, your absence allowance increases significantly.

Permitted Absence Limit

Most Settled Status holders may be absent for:

Up to 5 consecutive years without losing their status. Swiss nationals: up to 4 years.

When Status May Be Lost

You may lose Settled Status if:

you spend more than 5 years in a row outside the UK (4 for Swiss nationals), or
commit certain criminal offences
What Counts as an Absence

Any full day spent physically outside the UK counts as an absence.

This includes:

holidays
business trips
visiting family abroad
studying overseas
remote working abroad

Only full days abroad count as an absence, therefore if you leave on a Saturday and come back the day after on Sunday, you have technically not been absent.

Exceptions & “Important Reasons” Allowing Longer Absences when you apply for settled status

If you hold pre-settled status and rely on the “30 months out of 60 months” presence in the most recent 5 years, to demonstrate your eligibility for settled status, you do not need to explain why you were absent for up to 30 months.

However, if you wish to apply for settled status relying on historic residence (i.e. an older period of 5 consecutive years) you need to show that you were in the UK for at least 6 months in any rolling 12 months period.

Under this second option, you may be able to justify longer absences, if these occurred due to an important reason:

1. Single Permitted 12-Month Absence

You may take one continuous absence of up to 12 months within the 5 years qualifying period for an important reason, such as:

serious illness
pregnancy/childbirth
vocational training
studying abroad
overseas work posting

You must provide evidence in support of the reason for your absence and that you intended to return to the UK.

2. Compulsory Military Service

Time spent abroad completing mandatory military service is considered an important reason.

3. COVID-19-Related Absences

The Home Office recognises:

travel bans
quarantine
illness
being stranded abroad
caring for a sick relative

as potentially acceptable reasons for extended absences.

4. Complex Situations

Your absences may be justified if you were away for one of the following reasons

caring for a severely ill family member abroad
temporary relocation due to political instability
crisis-driven work or health disruptions

Evidence to Keep for Absences

Keeping accurate records makes settled status applications substantially easier.

Record Your Travel

Keep track of you absences
Note that boarding passes or digital tickets are not sufficient to show residence in the UK

Document Reasons for Long Absences

employer letters
School or university confirmation
medical evidence
military notices

Show UK Ties

tenancy agreements
council tax statements
bank statements showing transactions in the UK
HMRC tax documentation

Organise Your Records

Create a spreadsheet with:

departure dates
return dates
total days abroad
reason for travel

What Happens If You’ve Already Broken the Absence Rules?

If You Have Not Met the 30-Month Presence Requirement

You may need to:

spend additional time in the UK to rebuild residence
delay your Settled Status application

If You Exceeded the 5-Year Absence Limit with Settled Status

Your status may have lapsed.
Professional advice is strongly recommended to explore your options.

Avoid These Mistakes

Submitting an application hoping the Home Office “won’t notice”
Ignoring missing evidence
Miscalculating time spent abroad

When to Seek Professional Guidance

You should seek legal support if:

you have long or complex absences
your evidence is incomplete
your residence pattern is unclear
you’re close to missing the 30-month requirement

Conclusion

Understanding the absence rules under the EUSS is essential to safeguarding your rights in the UK.

If you:

track your travel
maintain UK ties
organise your evidence
and plan ahead

you will remain compliant and in control of your future status.

If you need personalised help assessing your absences or preparing your application, MGBe Legal can guide you through the process with confidence.

Frequently Asked Questions (FAQs)

1Do weekend trips count as absences?

Yes—they add to your total days outside the UK. Even short trips can matter if you have many of them in a rolling 12-month period. However, only full days abroad count as an absence.

2Can a short return to the UK “reset” my absence period?

For Pre-Settled Status, the rolling 12-month period keeps moving. A short return doesn’t reset the clock—it simply reduces your total days abroad. For Settled Status, if you return to the UK within 5 years, you reset the clock.

3Do work assignments abroad count as absences?

Yes. Living abroad for work—even if you’re employed by a UK-based firm—counts as absence because you are physically outside the UK.

4What proof do I need for an “important reason” absence?

You’ll need official letters: e.g., employer letter for posting abroad, university letter for study, medical certificate for illness, etc. Plus proof of your intention to return and maintain UK ties.

5How do absences affect citizenship timelines?

When you apply for citizenship you face different absence thresholds (450 days in 5 years, 90 days in last 12 months). Your absences as an EUSS holder count toward those totals, so you must track them carefully.

6If I lose continuous residence, can I fix it?

Yes—but you may need to rebuild your qualifying period (for example for Settled Status you may need another five years). It delays your settlement and citizenship goals.