Residency rule, United Kingdom

EU Settled Status — Keeping It

Summary

Settled status from the EU Settlement Scheme ends if you stay outside the UK, the Channel Islands and the Isle of Man for more than 5 years in a row. For Swiss citizens and their family members the limit is 4 years. Any entry to the UK in that time, also for a short visit, starts a new 5 years. Pre-settled status is also lost after more than 5 years in a row away. The status ends by law, with no decision and no letter. The Home Office runs the scheme.

Limit
5 years in a row outside the UK (4 years for Swiss citizens)
Period
One continuous absence. Any return to the UK starts a new count
A day counts when
You are outside the UK, the Channel Islands and the Isle of Man
Law
Immigration (Leave to Enter and Remain) Order 2000, article 13(4)
Run by
The Home Office (UK Visas and Immigration)

Who it applies to

The rule

Settled status is indefinite leave to remain given under Appendix EU of the Immigration Rules. It is the status for people from the EU, Norway, Iceland, Liechtenstein and Switzerland, and their families, who lived in the UK by 31 December 2020. Article 13 of the Immigration (Leave to Enter and Remain) Order 2000 says when leave ends because of absence. For leave under Appendix EU, it lapses when the holder stays outside the United Kingdom and Islands for a continuous period of more than 5 years. For Swiss citizens and their family members the period is more than 4 years.

The Islands are the Channel Islands and the Isle of Man. Time there does not count as time away. Ireland and every other country do count as outside.

The rule looks at one absence without a break. GOV.UK says that if you enter the UK for any amount of time during the 5 years, you can then spend up to 5 more years outside. There is no minimum stay and no limit on the total time away over your life.

Pre-settled status is limited leave under the same scheme. GOV.UK says you lose it automatically if you spend more than 5 years in a row outside the UK. But a person with pre-settled status has a second, stricter matter to watch. To move up to settled status you need 5 years of continuous residence, and GOV.UK says you qualify only if you were not outside the UK for more than 30 months in the last 5 years, or for more than 6 months in any 12-month period within a 5-year period. GOV.UK also says the Home Office may cancel pre-settled status if you do not keep your continuous residence. So an absence of less than 5 years does not make pre-settled status safe, and it can stop you from getting settled status.

This is different from indefinite leave to remain that came from another visa. That status ends after more than 2 years in a row away. It has its own tracker, UK Settlement (ILR) - Keeping It.

Why it exists

Settled status protects people who built their lives in the UK while the UK was in the EU. The agreement between the UK and the EU on leaving promised that the right to stay for good would be lost only after a long absence, and the UK wrote 5 years into its own law. The longer limit, compared with 2 years for other settled people, lets a person return home to care for family or work abroad for years and still come back.

Counting the days

You count one unbroken period outside the UK, the Channel Islands and the Isle of Man, from the day you leave to the day you next enter. Earlier absences are not added to it.

  1. Find the date you last left the UK, the Channel Islands or the Isle of Man.
  2. Add 5 years to that date, or 4 years if you are a Swiss citizen or the family member of one. This is the last day by which you must be back.
  3. Check that you did not enter the UK at any time since you left. If you did, start again from the date you left after that visit.
  4. Plan to enter the UK before the 5 years are complete, with time to spare, and keep proof of the entry, such as a boarding pass or a ticket.
How Countr counts it. Countr counts the days of your current trip outside the UK and warns you 180 days before the limit. It counts 5 years as 1,825 days. Real 5-year periods have 1,826 or 1,827 days because of leap years, so the tracker can reach the limit one or two days before the true date and never after it. A single day back in the UK starts the count again. Days in Jersey, Guernsey and the Isle of Man count as days in the UK. The 4-year limit for Swiss citizens is not tracked. The tracker also fits pre-settled status, because the limit is the same, but it does not check the residence rules for moving up to settled status. If the app cannot see where you were on a day, the count starts over, so gaps in your photos make the count smaller and never bigger.

Track EU Settled Status — Keeping It on your phone.

Countr finds your past trips in your photos and keeps counting from there.

Download on the App Store

Examples

Back inside the 5 years

Katarzyna has settled status. She left the UK on 3 March 2023 to live in Poland and did not visit. She must not be away for more than 5 years, so she needs to enter the UK by 3 March 2028. She flies to London on 10 January 2028. Her status is still valid, and she can live and work in the UK again.

A weekend visit that starts a new count

Marco left the UK on 1 June 2022. He came to Manchester for a wedding from 14 to 16 June 2026 and then went back to Italy. His first absence lasted 4 years and 13 days and ended on 14 June 2026. A new 5 years started when he left on 16 June 2026, so he now needs to be back by 16 June 2031. Without that visit his status would have ended after 1 June 2027.

Why the app can warn two days early

Sven left the UK on 3 March 2023. His first whole day away is 4 March 2023, and 5 years end on 3 March 2028. That period includes 29 February 2024 and 29 February 2028, so it has 1,827 days. Countr counts 5 years as 1,825 days and reaches its limit on 1 March 2028, two days before the true date. The early warning is on purpose, so the tracker is never late.

Exceptions

Common misconceptions

“Settled status ends after 2 years abroad, like other permanent residence.”
The 2-year limit is for indefinite leave to remain from other visas. Settled status under the EU Settlement Scheme lasts until you are away for more than 5 years in a row, or 4 years for Swiss citizens.
“I need to live in the UK for some months each year to keep settled status.”
No. For settled status there is no yearly minimum. Only one unbroken absence of more than 5 years ends it.
“All my years abroad are added together.”
Only one continuous absence counts. Three separate periods of 3 years abroad, with a visit to the UK between them, do not end settled status.
“Pre-settled status holders can stay away 5 years with no effect.”
The status is lost automatically only after more than 5 years, but GOV.UK says the Home Office may cancel it earlier if you do not keep your continuous residence. You can also lose the way to settled status, which needs 5 years of continuous residence, with limits such as 6 months away in any 12 months.

Questions and answers

How long can I stay outside the UK with settled status?

Up to 5 years in a row. If you are a Swiss citizen or the family member of one, up to 4 years in a row. After that the status ends automatically.

Does a short visit to the UK reset the 5 years?

Yes. GOV.UK says that if you enter the UK for any amount of time during the 5 years, you can then spend up to 5 more years outside. Keep proof that you entered.

Will the Home Office tell me when my settled status has ended?

No decision is needed. The status ends by law when the absence passes the limit, so do not wait for a letter. Count the date yourself.

Do days in Ireland count as days in the UK for settled status?

No. Only the UK, the Channel Islands and the Isle of Man count as inside. Time in Ireland is time outside the UK for this rule.

What can I do if I was away for more than 5 years?

Your settled status has ended. GOV.UK says people in this position can apply for a Returning Resident visa before they travel. You must show strong ties to the UK and explain why you lived abroad.

Does becoming a British citizen remove the limit?

Yes. A British citizen has no limit on time abroad. With settled status you can apply for citizenship if you meet its own residence rules, which count your days away in the years before you apply.

Sources

Other rules for United Kingdom

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This page explains the rule and how the days are counted. It is not legal or tax advice. The authority decides each case on its own facts.