Clarification about requirements on absence for settled status

[polyglotkate]

Hi everyone,

I was searching the boards for a question on this same topic, but I am still unsure that the 180-day rule is not applicable.

When I received my EU pre-settled status a couple of weeks ago, the confirmation email and document specifically stated that if I want to apply for settled status in 3 years from now (I have been in the UK for 2 years, with never more than 3-month long absences from the country) I must spend at least 180 days in the UK in any 12-month period. It is possible to stay away from the UK for up to 2 years but ONLY for serious reasons, such as pregnancy, hospitalisation, etc.

So, regardless of applying for citizenship afterwards (which, I assume, one can only do with settled status?), I understand that I do have to spend 6 months out of each 12-month period in the UK. Am I wrong?

Also, do the 6 months need to be consecutive or can I spend, say, January in London, February in my country, March and April in the UK again, and so on? My job would allow that and it would be easier for me to have such flexibility.

Thanks in advance for any input on this maddening issue!

Kate

[kamoe]

Also, do the 6 months need to be consecutive or can I spend, say, January in London, February in my country, March and April in the UK again, and so on? My job would allow that and it would be easier for me to have such flexibility.

You seem to be trying to complete time inside the UK, rather than avoiding time outside the UK.
Is your job based in the UK?

[polyglotkate]

Hi there, I am a freelancer and have clients all over the world, but I pay taxes in the UK as a sole trader, so I guess that makes it UK-based.

Because I have elderly parents in Italy and my job allows flexibility of movement, I am just trying to be there for my folks as much as I can at the moment (while I can), but the UK is my chosen country of residence for the foreseeable future and hopefully for good.

So, my question is based on the need to balance these two competing needs at the moment, the best I can.

[kamoe]

Hi there, I am a freelancer and have clients all over the world, but I pay taxes in the UK as a sole trader, so I guess that makes it UK-based.

You can say that makes you more UK-based than anything else.

Because I have elderly parents in Italy and my job allows flexibility of movement, I am just trying to be there for my folks as much as I can at the moment (while I can), but the UK is my chosen country of residence for the foreseeable future and hopefully for good.

So, my question is based on the need to balance these two competing needs at the moment, the best I can.

Understood.

To answer your question, let me quote the text of the Pre-Settled status letter:

Please note that if you wish to be eligible to apply for settled status under the EU Settlement Scheme, you will generally need to demonstrate that you have been continuously resident in the UK for at least five years.

Continuity of residence for that purpose is not broken by a temporary absence or absences from the UK of up to six months in any 12 month period; or by a single absence of up to 12 consecutive months for an important reason, such as pregnancy and childbirth, serious illness, study or an overseas work posting; or by compulsory military service.

The second paragraph describes your allowance of ordinary temporary absences that do not break the continuity of your residence. It doesn't give you a maximum number of absences, it doesn't give you a maximum length of stay for each absence, but it does give you a maximum combined length (6 months), and a maximum time frame when the absences can take place (any 12 consecutive months).

This suggests that you can have as many absences as you want, provided that their combined duration does not exceed 6 months, in any consecutive period of 12 months. For example, in any 12-month period, you could have three absences of two months each (6 months combined), but you cannot have two absences of 6 months each (12 months combined).

To be on the safe side, a good rule of thumb would be to aim to not exceed 5 months in combined absences. They key thing to understand here is that any 12-month period needs to respect the allowed absences. The 12-month period does not start and end on calendar years or months, it can start any day. Up to you to make sure there does not exist any 12-month period, starting any day, where your combined absences exceed 6 months.

Assuming you had not left the UK in the last 12 months, some example situations are:

Straightforward within the limits:
-March in another country, then 11 months in the UK
The calculation is straightforward: 1 month worth of absences. Future absences will have buffer time thanks to the 11 months you built in the UK.

Need to be careful:
- Sep-Feb in the UK, March in another country, April in the UK, May in another country, then June, July, August in the UK
Up until this point, you have completed 2 months combined absences in the latest 12 months. But what if you then immediately leave for 5 months in September again? At the beginning of the 5th month, January, you'll have broken your continuous residence, since counting from March, there would exist a 12-month period where you exceeded 6 months abroad (March, May + Sep, Oct, Nov, Dec would complete 6 months, broken in January, the 7th month).

Borderline:
-Alternating months for 13 months, e.g. March abroad, April in the UK, May abroad, until the next March, again abroad.
At the beginning of the 13th month, one day might make or break it. You might pull it off, but if the HO counts 30-days as a month, one could calculate a 12-month period where you completed 6 months +1 day abroad...better not to risk it, and stay that March in the UK!

So... to make sure you do not break your continuous residence, once you know you have reached your limit in the last 12 months, you need to build a continuous period in the UK, and stay long enough to allow for your next absence. Before any absence, take a look at the immediately previous 12 months and see if the absences in that period combined with your planned absence, would exceed 6 months.

Hope this helps.

[polyglotkate]

Thank you so much for such a long and detailed reply. You have been most helpful and you have confirmed what I thought. All the best!