What happens if you stay outside UK longer than 6 months?

Staying Outside the UK for Extended Periods: Implications for Your Status

Brexit has ushered in a new era of immigration rules, and for many, understanding the nuances of these regulations is crucial. One common question revolves around extended stays outside the UK, particularly for those with pre-settled or settled status under the EU Settlement Scheme (EUSS). While the scheme aims to protect the rights of EU, EEA, and Swiss citizens and their families residing in the UK before Brexit, spending significant time abroad can have implications.

A key point to consider is the “continuous residence” requirement. While having pre-settled or settled status offers a degree of flexibility, spending more than six consecutive months outside the UK in any 12-month period could disrupt this continuous residence and potentially affect your eligibility to upgrade from pre-settled to settled status or even jeopardise your existing status.

This six-month rule isn’t absolute. There are important exceptions, often referred to as “important reasons” for absences. These can include:

• Work: Overseas postings for a UK employer, or certain types of self-employment abroad, may be acceptable reasons for an extended absence. Crucially, the link to the UK must be maintained.
• Study: Periods of study abroad can be considered an important reason, especially if related to a UK-based course.
• Medical treatment: Seeking necessary medical treatment abroad, for yourself or a family member, is generally accepted.
• Compulsory military service: Mandatory service in the armed forces of your country of nationality is a valid reason for an extended absence.
• Other compelling reasons: There may be other justifiable reasons for extended absences, such as caring for a seriously ill relative abroad. These are assessed on a case-by-case basis.

It’s vital to document these “important reasons” meticulously. Evidence might include employment contracts, university enrolment letters, medical records, or official documentation related to your circumstances. This evidence may be required if you later apply for British citizenship or need to demonstrate your continuous residence.

Furthermore, the implications differ between pre-settled and settled status. Losing pre-settled status due to a break in continuous residence can be more detrimental, as it could prevent you from transitioning to settled status and securing permanent residency rights.

Navigating these rules can be complex. If you are planning an extended trip outside the UK, or have already exceeded the six-month limit, it’s highly recommended to seek professional immigration advice. An expert can assess your individual circumstances, advise on the necessary documentation, and help you understand the potential implications for your status. Don’t rely solely on online information; personalized advice is essential to ensure your rights are protected.