Know your rights: A guide to the Withdrawal Agreement’s rules on absences

For UK nationals living in the EU, the Withdrawal Agreement (WA) provides crucial legal protections - but only if you follow the rules. As 2025 marks 5 years since the end of the transition period, and many UK citizens become eligible for permanent residence in the EU, it is more important than ever to understand your rights. One area of confusion is absences: if you spend too long outside your host country, you risk losing your residency status. Here we take a closer look at the key rules on absences under the WA.

Temporary residence: what you need to know

Short absences (6 months)

If you are a UK national with temporary, or pre-permanent residence status in the EU, you are entitled to an absence of up to 6 months per year with no effect on your residency rights. This aligns with EU rules on free movement and ensures that short trips or longer visits outside the country don’t interfere with your residency.

A key point to note is that the rules on absence do not apply to calendar years. Instead, years are measured from the day you began exercising your rights as a legal resident in an EU country. This date may vary, depending on your status.

If you are employed or self employed, the year starts on the day you first begin working in your country of residence. If you are self-sufficient, it is the day on which you have both your own source of income and are registered for comprehensive health insurance. If you are a student, you would need to show both your enrolment as a student and that you are registered for comprehensive health insurance.

Longer Absences (6 months – 12 months, with ‘Important Reason’)

In some cases, you might need to be away from your country of residence for longer. An absence of up to 12 consecutive months is allowed if justified by a valid reason, such as:

• Study or vocational training

• Work postings

• Pregnancy and childbirth

• Serious illness

This list is not exhaustive, and there may be other reasons to justify an extended absence. You should be aware that the relevant authorities in your host country may ask for evidence to support an extended absence.

Permanent residence

Gaining permanent residence has key advantages in terms of, for example, how long you can be absent from your country of residence. During the EU-UK negotiations, British in Europe lobbied for an extended absence period for those who had already acquired permanent residence (see what we have achieved so far), recognising the gap left by the loss of free movement across the EU.

As it now stands, after five years of legal residence in the EU, UK nationals qualify for permanent residence under the WA. This status allows absences of up to five consecutive years without affecting residency rights. If you haven’t yet applied for permanent residence, you can read more here about why it is worth upgrading.

What happens if you return within the 5 years?

A common question from UK citizens in the EU is for how long they must return to their country of permanent residence in order to break their absence. While there is nothing written in the WA to explicitly explain this, current case law emphasises that absence means absence, therefore any return, even for a few days, would restart the clock, unless there is evidence of misuse of rights.

What would happen if you were absent for longer than the allowed period?

Going beyond the permitted absence period can result in the loss of your rights under the Withdrawal Agreement. If this happens, it may be necessary to reapply under national immigration rules, but these are likely to be more restrictive and may not guarantee re-entry. It is therefore strongly advised that you should read all guidance on absences before leaving, and not take any chances. For more information, read the European Commission’s guidance on absences, or contact Your Europe Advice.

Special Cases

There are cases where absence rules under the WA might cause particular confusion. One special case that can be complicated is where a parent and their young child have different statuses in an EU country. If the parent has permanent residence, while the child has temporary or pre-permanent residence, different absence rules will apply to them both. In this case, the parent could be away for 5 years, while their child can only be absent for 6 months per year, or up to 1 year maximum.

If you are a parent with young children whose residence status differs from your own, and you, for example, want to take up a post in another country for a few years, you must be sure to check the legal position for your child’s status before accepting that job posting.

2025 - a big year for permanent residence upgrades

This year is key for many British citizens who obtained residence before the end of the transition period. WA beneficiaries who originally acquired a temporary or ordinary residence card will be able to upgrade to permanent residence, for which they will need to provide proof of 5 years’ legal residence in their country. This proof must show that you were not absent from your country of residence for more than the 6 months per year allowed for temporary residents, unless you can provide evidence of an ‘important reason’ for longer absences.

If you plan to upgrade to permanent residence, now is the time to make sure you understand the guidance on absences. It is crucial to keep a record of all your absences, and not to take any risks with your status. For more specific questions about the absence rules, it is worth reading through the European Commission’s FAQ page on the WA.