How does continuous residence work?

Did I need to move to the UK before 31 December 2020? 

As long as you moved to the UK before the end of the transition period at 11pm on 31 December 2020 you began a continuous qualifying period (also known as continuous residence), which is an essential condition to be granted status under the EU settlement scheme (EUSS). The date you moved to the UK is usually the date your continuous residence begins, not the date you were granted status under the EUSS. For example, if you moved to the UK in January 2019 and were granted pre-settled status in July 2020, your continuous residence began in January 2019. If you lived in the UK for 5 years continuously in the past based on the below rules but have moved away from the UK, then you should read the section Can I be granted settled status if I used to live in the UK but moved away before 31 December 2020?.

In most cases you must maintain your continuous residence for 5 years to qualify for permanent residence (settled status), though there are some limited situations where settled status can be acquired sooner than 5 years which have been set out below.

If you have already been granted settled status or have completed your 5 years of continuous residence to qualify for settled status and have applied, then you do not need to continue to meet the continuous residence rules. We have explained more about your right to live outside the UK once you have permanent residence in the UK (including being granted settled status), in the section Can I live outside the UK now I have settled status?

If you do not have status under the EUSS yet and are either applying for pre-settled status because you have not yet lived in the UK for 5 years continuous years, or, are applying for settled status based on completing 5 years continuous years, it is essential that you read the following section so that you understand how the Home Office assess continuous residence when making a first grant of status under the EUSS.

If you have already been granted pre-settled status and are applying for settled status (or will be in the future), you should see the section on Moving from pre-settled to settle status to understand how the Home Office assesses continuous residence for pre-settled status holders moving to settled status.   

I could not move to the UK by 31 December 2020 because of Covid-19, can I still qualify? 

If you were intending to move to the UK by 31 December 2020 but were unable to do so because of the Covid-19 pandemic, unfortunately you will not be able to apply for EUSS status as you were not living in the UK by the cut-off date (unless you are coming to the UK as an eligible sponsored joining family member in which case you can moved to the UK at any time – see the section on Family members who do not live with you in the UK at the moment). 

So what does continuous residence actually mean? 

Pre-settled status holders (and those applying for pre-settled status) must be able to show that they have maintained continuous residence, otherwise they can lose their pre-settled status (or will not qualify when the Home Office decides the application). Maintaining continuous residence also allows a person to qualify for settled status after they have completed the 5-year qualifying period (we have provided more information for pre-settled status holders applying for settled status in the section Moving from pre-settled to settled status. Therefore, in addition to the requirement to have moved to the UK by 31 December 2020 to begin your continuous residence, you need to abide by the continuous residence rules for 5 consecutive years. 

The general rule that you need to remember is to maintain your continuous residence, you should not spend more than 6 months outside of the UK in a 12-month period. If you are outside the UK longer than this you will normally break your continuous residence; this can happen where a single absence exceeds 6 months within a 12-month period or, by adding up multiple absences together you exceed 6 months if they all take place within a 12-month period. For example, a recreational trip of 3 months and a recreational trip of 4 months within a 12-month period will add up to more than 6 months and break continuous residence. 

It is also important to be aware that the Home Office calculates the 6-month rule on a rolling basis, which means that if you have a trip of 3 months at the end of 2019 and a trip of 4 months at the beginning of 2020, these will still be in the same 12-month period even though the trips are in different calendar years. There is disagreement between the UK and the EU Commission about whether this is the correct way to calculate absences for 12-month period, as the EU Commission’s interpretation is that the 12-month periods based on your arrival day in the UK. For example, if you arrived on 01 January 2020 your 12-month period runs between 01 January 2020 to 31 December 2020 and then the next 12-month period restarts from 01 January 2023. This interpretation means that absences in one 12-month period are not added to absences in the next 12-month period. 

What if I need to be away from the UK for a longer period for something important?  

There is an exception to the above rule which is that within your 5-year continuous residence period, you are allowed a period outside of the UK of up to 12 months for an ‘important reason’. The following are examples of important reasons to be absent for up to 12 months – they are just examples and there may be many other reasons why you might be absent for an important reason: 

• pregnancy 
• childbirth
• serious illness
• study
• vocational training 
• overseas posting 
• Covid-19 (see the page on covid ) 
  

If you are applying for settled status, then you will be asked if you have any absences that exceed six months in a 12-month period. If you have an extended absence of up to 12 months for an important reason, you will be able to provide information about this in your application. You should provide evidence if possible to show that your extended absence was for an important reason. For example, if you have been studying at university in the UK and as part of your course you have studied for up to a year at an overseas university, this will constitute an important reason for having an extended absence from the UK and so when you apply for settled status, you should provide confirmation from your university that part of your course was undertaken at an overseas university.  

Any absence from the UK because of military service or Crown service does not break your qualifying residence, even if it means being away for over 12 months. 

What happens if I have exceeded the absence allowance?  

If you have exceeded the number of absences from the UK that you are allowed under the continuous residence rules, then you are likely to have broken your continuous residence. This means that although you started living in the UK by the 31 December 2020 cut-off date, the amount of time you have spent outside the UK means you have broken your connection to the UK and therefore, cannot be granted EUSS status. If you have broken your continuous residence, you cannot begin a new 5-year continuous qualifying period after 31 December 2020, as the EUSS and Withdrawal Agreement rules do not allow this. 

If the Home Office decides that you have broken your continuous residence your application for EUSS status will be refused. You should read the section on What happens if my EU settlement scheme application is refused? to understand how to challenge a refusal decision if you believe that it is wrong.

When can I be granted settled status with less than 5 years continuous residence?

There are some limited situations where a person can qualify for settled status without completing a 5 year continuous residence period. These situations include: 

• You are a child under 21 being sponsored by an EU parent who holds settled status
• You have a Home Office issued EU Permanent Residence Document or EU Permanent Residence Card even if this was issued to you without you having lived in the UK for five continuous years. 
• You are an EU citizens or family member who holds valid “Indefinite Leave to Remain” or “Indefinite Leave to Enter”  granted outside of the EUSS before 31 December 2020, even if you have not lived in the UK for five continuous years. 
• You are an EU citizen working or self-employed in the UK, but have reached state pension age or, have taken early retirement and you meet additional conditions (or you are or were the family member of an EU citizen in this situation). 
• You have been working or self-employed in the UK, but have had to stop working permanently and you meet additional conditions (or you are or were the family member of an EU citizen in this situation). 
• You lived in the UK as a worker or self-employed person for three years but have left to take up employment or self-employment in an EEA member state and you return to your residence in the UK roughly once a week (or you are or were the family member of an EU citizen in this situation). 
• You were the family member of an EU citizen who was working or self-employed in the UK and you were living together, but your EU family member has now died (and you meet additional conditions). 

Applications under some of these categories can be complicated and so it may be necessary to engage with a qualified and regulated legal adviser before applying. We have provided more information about finding a qualified and regulated legal adviser in the section Where can I find regulated immigration advice?.

Services

This site offers information about Brexit, how it may impact you as an EU citizen and your family living in the UK, and what you may need to do next. It summarises key issues and is purely for information purposes and has no legal force. It does not provide any legal interpretation of EU or UK legislation and is not meant to replace specialised legal advice on UK immigration rules.