In a new published Home Office statement of intent for”settled status” for EU national and their family members in the UK. If the person has been continuously resident in the UK for less than five years, it generally means that they have not been absent from the UK for more than six months in total in any 12-month period. There is no restriction on the number of absences permitted, provided that the total period of absence does not exceed six months in any 12-month period. There are some exceptions:
- A single period of absence of more than six months but which does not exceed 12 months is permitted, where this is for an important reason, such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting.
- Any period of absence on compulsory military service is permitted.
Continuity of residence is broken (and restarts from scratch on release, where this is before the end of the implementation period on 31 December 2020) where the person served or is serving a sentence of imprisonment of any length in the UK, unless:
- The person has resided in the UK continuously for at least 10 years (and has the right of permanent residence in the UK under the EEA Regulations)4 and the Home Office considers that they had forged integrating links with the UK which were not broken by imprisonment and that, overall, it would not be appropriate to treat imprisonment as breaking continuity of residence.
Continuity of residence is likewise broken if for example a deportation order, exclusion order or exclusion decision is made, or the person is removed from the UK under the EEA Regulations, unless this has been set aside or no longer has effect.
Once the person has been continuously resident in the UK for five years, this means that they will be eligible for settled status where, since completing that period, they have not been absent from the UK for more than five consecutive years (as set out in the draft Withdrawal Agreement, rather than for more than two consecutive years as set out in the Free Movement Directive) when they apply under the scheme.
It also means for example that, since completing that five-year period, a deportation order, exclusion order or exclusion decision has not been made against them and they have not been removed from the UK under the EEA Regulations, unless this has been set aside or no longer has effect.
Pre-settled status means that the person will (in all cases) be granted five years’ limited leave to remain, and they will be eligible to apply for settled status (indefinite leave to remain) as soon as they have completed five years’ continuous residence in the UK (less in some particular circumstances: see less than five years’ continuous residence in the UK and, from April 2019. In the meantime, as reflected in the Withdrawal Agreement, they will continue to have the same entitlements as now to work, study and access public services and benefits, according to the same rules as now.
