EU Settlement Scheme & Covid-19 Related Absences - Updated Guidance

The Home Office has recently issued updated policy guidance on coronavirus related absences under the EU Settlement Scheme, following a legal challenge to the previous policy (published 15 December 2020).

The guidance acts as a concession outside the Immigration Rules (Appendix EU) until the Home Office is able to amend the Immigration Rules.

Continuous qualifying period

In order to obtain Settled Status, a person must have a 'continuous qualifying period' of five years residence in accordance with Appendix EU. This will be broken if the person is absent from the UK for more than six months in any 12 month period.

The continuous qualifying period will not be broken if there is a single period of absence for up to 12 months for an 'important reason', which must be evidenced. The examples given are pregnancy, childbirth, serious illness, study, vocational training or an overseas posting. Other exceptions are absences due to compulsory military service, a