Past presence in the Common Travel Area

If living in the UK, 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 they apply for CSP, this is known as the ‘past presence test’.

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

• terminally ill applicants;
• applicants who care for a person who is terminally ill; 
• applicants who care for a person who is in receipt of Armed Forces Independence Payment or Constant Attendance Allowance at or above the normal maximum rate with Industrial Injuries Disablement Benefit, or at the basic (full day) rate with a War Disablement Pension;
• applicants who care for a person who is exempt from the past presence test in Attendance Allowance, Disability Living Allowance, Personal Independence Payment, Child Disability Payment or Adult Disability Payment because they are a serving member of the armed forces or a civil servant, or a member of their family;
• applicants who care for a person who is exempt from the past presence test in Attendance Allowance, Disability Living Allowance, Personal Independence Payment, Child Disability Payment or Adult Disability Payment because they are a mariner, aircraft worker or continental shelf worker;
• applicants who are refugees or their dependant;
• 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), or the Afghan Citizens Resettlement Scheme, and their dependents;
• 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; and
• 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
• 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

Both: 

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

applying for CSP, 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. Absences:

• up to 4 weeks for any reason;
• up to 13 weeks where that period of absence was for the specific purpose of caring for a cared for person who was also absent from the CTA for any reason and remained in receipt of a qualifying disability benefit; and
• up to 26 weeks where the absence was for the specific purpose to care for a cared for person who obtained medical treatment

should be treated as presence.

Special rules also apply to some types of workers who routinely work overseas.

Example of past presence in the Common Travel Area

• Martha makes an application for CSP in January 2024. She has been out of the CTA on holiday three times in the preceding 52 weeks, amounting to a total of 3 weeks. None of these absences are deducted from Martha’s past presence. This is because they are all within the 4 week period allowed for temporary absence for any reason. Martha is treated as present for all of the preceding 52 weeks. 

• Blair makes an application for CSP in March 2024. He cares for his brother Stuart and, in October and November 2023, he accompanied Stuart on an 8 week holiday to Australia. While there, Blair continued to care for Stuart as he would do at home. Stuart continued to receive payments of Adult Disability Payment as his absence did not exceed 13 weeks. This absence is not deducted from Blair’s past presence, as although the absence exceeds 4 weeks, it was specifically to care for his brother and did not exceed 13 weeks.

• Prisha makes an application for CSP in June 2024. She has recently returned to Scotland from New Zealand. She makes her application to CSP on 22 June, having arrived back in the UK on 20 April. As Prisha has only been present in the CTA for 9 of the preceding 52 weeks she has not satisfied the past presence test, which would require an additional 17 weeks’ presence. 

• Alastair has a rare type of brain tumour which he has been receiving treatment for in the UK. He is cared for by his wife, Janet. Alastair is taken to Germany for the purpose of receiving specialist radiotherapy and Janet accompanies him on the trip. The couple are away for 12 weeks and are treated as present in the CTA for that period of time. CSP should continue to be paid to Janet during the absence and the 12 weeks can be treated as presence for any future past presence calculations.