Past presence in the Common Travel Area

Each of the following groups:

• UK nationals

• third country nationals, and

• 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 ADP,(Reg 15 (1) (e)) known as the ‘past presence test’.

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

• terminally ill applicants

• applicants who are refugees or the dependant of a refugee (such as family members who may hold a family reunification visa) (Reg 21)

• 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) (Reg 15 (7)), or the Afghan Citizens Resettlement Scheme, and their dependents. (ADP Regs, Reg 15(7)(a))

• 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 (ADP Regs, Reg 15(7)(d));

• 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 (ADP Regs, Reg 15(7)(e));

• 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 (ADP Regs, Reg 15(7)(f));

• people who were residing in Israel, the Occupied Palestinian Territories (the West Bank, including East Jerusalem, and Gaza) or the occupied Golan Heights immediately before 13 June 2025, and left in connection with the escalation of violence between Israel and Iran that began on that date, and arrived in the United Kingdom on or before 13 December 2025 (ADP Regs, Reg 15(7)(g));

• people who are British or Irish nationals, or third country nationals who have leave to remain in the UK, who previously resided outside the UK and have returned from that location because the UK Government:

  • issued public information to leave now; or
  • evacuated them back to the UK (ADP Regs, Reg 15(7)(i)); and

• people who, as part of a safe and legal humanitarian immigration route, have leave in accordance with the immigration rules or leave on a discretionary basis outside the rules (ADP Regs, Reg 15(7)(j)).

Both:

• EEA or Swiss nationals in the ‘protected cohort’, and

• their family members

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

Some absences do not count for the purpose of the past presence test. These temporary absences should be counted as presence:

• up to 13 weeks for any reason,

• up to 26 weeks where the absence was to obtain medical treatment, and

• absences up to 26 weeks caused by a crisis where the UK Government has issued guidance to leave a country, or arranged an evacuation of British nationals from a country, and it would be unreasonable to expect the individual to return from that country.

See Temporary absence below. Special rules also apply to some types of workers who are routinely sent overseas for work. See both Armed Forces And Civil Servants and Mariners, Airmen and Continental Shelf Workers below.

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 below. The same applies in cases where the absence is due to medical treatment, but the relevant period in these cases is 26 weeks.