You will lose your UK Settled Status under the EU Settlement Scheme (EUSS) if you remain outside the UK, the Channel Islands, and the Isle of Man for more than 5 consecutive years (or four consecutive years if you are a Swiss national). Settled Status cannot be restored or re-applied for once it has lapsed. If you later wish to return to the UK to live, you would need to apply for a visa under a different immigration route.
To avoid losing your Settled Status due to exceeding the permitted absence period, you can reset the absence clock by returning to the UK, even very briefly, within that period. In addition, time spent outside the UK does not include time spent in the UK’s Crown Dependencies, such as Jersey, Guernsey, and the Isle of Man.
From 21 May 2024, you will lose your pre-settled status outside the UK if you spend more than 5 years in a row outside the UK, the Channel Islands, and the Isle of Man as well. This replaced the previous rule under which pre-settled status ended automatically after more than 2 years’ continuous absence. However, anyone who had already been outside the UK for more than two continuous years before 21May 2024 cannot rely on the new five-year allowance to revive or preserve their status. If you are unsure how long can I stay outside the UK with settled status, it is important to check your travel history carefully.
It is important, however, to remember that to get EUSS Settled Status, you must not be absent from the UK for more than six months (180 days) in any rolling 12-month period. If you exceed this limit, you may lose your ability to switch to Settled Status. Limited exceptions to the six-month rule apply include serious illness and compulsory military service.
Can Settled Status be revoked?
Settled status can be revoked, but this only happens in limited circumstances. Revocation is different from automatic loss due to long absence. It involves an active decision by the Home Office. Your Settled Status may be removed if you:
- Obtained settled status by deception or false representation
- Are liable to deportation due to serious criminal conduct
Obtained settled status by deception or false representation
Settled status can be revoked if it was obtained through deception, false documents, or false information, for example,
- Using false identity documents
- Providing incorrect information about residence
- Hiding criminal history
- Submitting forged or altered evidence.
The Home Office has the power to revoke settled status where deception led to the decision to grant status. Before revoking status, the Home Office must issue a ‘minded to revoke’ notice, giving the person a chance to respond. If the person does not reply, or their response does not change the assessment, the Home Office will make a decision based on the information available.
Being liable to deportation due to serious criminal conduct
Settled status may also be revoked if a person becomes liable to deportation due to serious criminality. Serious criminality can include:
- Serious violence
- Sexual offences
- Drug trafficking
- Repeated or persistent offending, and
- Crimes that pose a threat to public safety or national security.
Not all criminal convictions lead to revocation, however. Each case is assessed individually, considering the seriousness of the offence and the risk to the public.
Will I lose my Pre-Settled Status or Settled Status if I divorce in the UK?
Divorce does not affect settled status, as it is not dependent on your relationship. However, divorce can lead to the loss of your Pre-Settled Status. If your right to live in the UK was based on your relationship with an EU, EEA or Swiss citizen, you can only keep your pre-settled status after divorce if you meet the rules for a retained right of residence. You may qualify for a Retained Right of Residence if you lived in the UK when the marriage or civil partnership ended and one of the following apply:
- The marriage or civil partnership lasted at least three years, and you and your former partner lived in the UK together for at least one of those years.
- You have custody of your former partner’s child.
- You have been granted access rights in the UK to your former partner’s child, and the child is under 18.
- You or a family member experienced serious difficulties, such as domestic violence or abuse during the marriage or civil partnership.
References:
UK Home Office: Revocation of Indefinite Leave
UK Home Office: Cancellation and Curtailment of permission
