FAQ

If I have pre-settled status and spent more than 2 years outside the UK, will I lose my EU Settlement Scheme rights?

Until 21 May 2024, it was the case that if you had pre-settled status and spent more than 2 years outside the UK, you would lose your EU Settlement Scheme rights automatically (the status would be deemed to have ‘lapsed’) and you could be refused permission to enter the UK. However, this was changed on 21 May 2024 such that pre-settled status only deemed to have automatically lapsed after an absence of 5 years or more. However, if someone had already been absent for 2 years by 21 May 2024, then their status would already have been deemed to have lapsed.

The Home Office have now changed their position on this. If someone with pre-settled status can show they were resident in the UK for at least 30 months in the last 60 months, then they are eligible for settled status, even if their status was previously considered to have lapsed. 

For more details, see our FAQ: What does ‘continuous residence’ or ‘continuity of residence’ mean?