Each of the following groups:

• UK nationals
• third country nationals
• EEA and Swiss nationals not in the ‘protected cohort’

must have been present in the Common Travel Area for 26 of the past 52 weeks before the date when they apply for CDP, known as the ‘past presence test’ (CDP regs, reg. 5(1)(e))

A shorter qualifying period applies to younger children. A child aged up to 6 months old must have been present in the CTA for 13 weeks (CDP regs, reg. 5(2)).

There are situations in which no past presence test ever applies:

• terminally ill applicants
• applicants who are refugees or dependant of a refugee (such as family members who may hold a family reunification visa) (CDP regs, reg. 5(10a) (e)
• applicants arriving in the UK from Afghanistan who have been awarded leave to remain in the UK under either the Afghan Relocations and Assistance Policy, the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme) (CDP regs, reg 5(10a)(a)(ii)), or the Afghan Citizens Resettlement Scheme, and their dependents (CDP regs, reg 5(10a)(a)(i))
• people who were residing in Ukraine immediately before 1 January 2022, and left Ukraine in connection with the Russian invasion which took place on 24 February 2022 (CDP regs, reg 5(10a)(f))
• people who were residing in Sudan before 15 April 2023 and left Sudan in connection with the escalating violence which started on 15 April 2023 (CDP regs, reg 5(10a)(g))
• people who were residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon before 7 October 2023 and left in connection with the Hamas terrorist attack in Israel in October 2023, or the violence which rapidly escalated in the region following the attack (CDP regs, reg 5(10a)(h))

Both:

• EEA or Swiss nationals in the ‘protected cohort’
• their family members

applying for CDP generally do not have to satisfy the past presence test. See Residence requirements under the Coordination Rules.

Some absences do not count for the purpose of the past presence test. Both temporary absences:

• up to 13 weeks for any reason
• up to 26 weeks where the absence was to obtain medical treatment

should be treated as presence. See Temporary Absence. Special rules also apply to some types of workers who are routinely sent overseas for work. See both Armed Forces And Civil Servants and Aircraft Workers, mariners and continental shelf workers.

A temporary absence is one which is expected to last for less than a year at the start. However, after 13 weeks the benefit will no longer be paid. Any additional periods of absence cannot be considered presence for past presence. See Temporary Absence. The same applies in cases where the absence is due to medical treatment, but the relevant period in these cases is 26 weeks. An absence of 13 weeks for any reason can be followed by 26 weeks for medical treatment.