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Settled status – What constitutes continuous absence from the UK

Posted: Sat Jul 13, 2024 11:46 am
by arnoldrimmer1988
Settled status – What constitutes continuous absence from the UK

So I have Settled status and am trying to find out what constitutes continuous absence from the UK.

Does someone with settled status have to return for 6 months plus if they live outside the UK for 4.5
Or
Could they just return for a day or two within a 5 year period to reset the counter?

You read everywhere that with Settled Status you can be absent from the UK for 5 years however nowhere does it fully explain what is required to reset the 5 year marker:

If you look on the government website it only describes the qualifying periods this must be over 6 months in a 12 month period (but this is during the pre-settled period)

I found one answer on the:

https://the3million.org.uk/faq/settled-status-absence

it says:

On 14 May 2020, xxxxxx submitted written evidence to the Committee on the Future Relationship with the European Union. See their evidence, question ‘Settled Status grant Absences allowance’, which asks ‘If an ILR holder returns to the UK for 1 day within the 5 / 4 year allowance and leaves again, does the absence clock reset for another 5 /4 years?’ The Home Office replied to this question simply with ‘Yes’ – though we do not have a public link to these answers.

Is there anyone that can formally show what the definition is for resetting the absence clock and thereby keeping their settled status.

Re: Settled status – What constitutes continuous absence from the UK

Posted: Sat Jul 13, 2024 10:26 pm
by contorted_svy
You can't post solicitors links or quote their names, a mod will delete them.

You need to come back to intend to live here. If you come back just to "reset" the clock and eg you aren't employed or renting or otherwise normally living in the UK, the HO will eventually revoke your status. A very risky game to play.

Settled status is lost after 5 years of continuous absence from the UK.

Re: Settled status – What constitutes continuous absence from the UK

Posted: Fri Aug 23, 2024 11:16 am
by Gatitosultras
The advice you found is correct, for settled status one day is enough to reset the clock. As reported in the source you found, there is plenty of evidence in terms of people being granted settled status on the basis of historic residence when they had only interrupted an otherwise longer-than-five-years absence with a short holiday.

Re: Settled status – What constitutes continuous absence from the UK

Posted: Fri Aug 23, 2024 11:25 am
by alterhase58
If there's an intention to apply for naturalisation the allowances for absences are much stricter than for EU Settled Status.
Refer to : https://www.gov.uk/government/publicati ... bookmark11
Of course the advantage of citizenship is that you are free from all restrictions, certainly no need to keep track of absences, come and go as you wish.