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EU settled status without an EU national presence in the U.K.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Tairdoh
Newly Registered
Posts: 13
Joined: Wed Mar 16, 2022 2:25 pm
United Kingdom

EU settled status without an EU national presence in the U.K.

Post by Tairdoh » Wed Mar 16, 2022 2:57 pm

Hi,
Will a person who is on pre-settled status be able to apply for a settled status if a sponsoring EU National has left the U.K.?

Thanks.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EU settled status without an EU national presence in the U.K.

Post by kamoe » Wed Mar 16, 2022 3:39 pm

Tairdoh wrote:
Wed Mar 16, 2022 2:57 pm
Hi,
Will a person who is on pre-settled status be able to apply for a settled status if a sponsoring EU National has left the U.K.?

Thanks.
Nope. They can remain in the UK while their pre settled status is valid, but they won't be able to "upgrade" to Settled Status if the relationship to the EU national has broken down, or the EU national has left the UK.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Tairdoh
Newly Registered
Posts: 13
Joined: Wed Mar 16, 2022 2:25 pm
United Kingdom

Re: EU settled status without an EU national presence in the U.K.

Post by Tairdoh » Fri Mar 18, 2022 12:32 pm

kamoe wrote:
Wed Mar 16, 2022 3:39 pm
Tairdoh wrote:
Wed Mar 16, 2022 2:57 pm
Hi,
Will a person who is on pre-settled status be able to apply for a settled status if a sponsoring EU National has left the U.K.?

Thanks.
Nope. They can remain in the UK while their pre settled status is valid, but they won't be able to "upgrade" to Settled Status if the relationship to the EU national has broken down, or the EU national has left the UK.
Thanks for the reply. Are you 100% positive about that? It’s for a Non EU parent who’s on pre settled status and according to the official government website some applicants can still apply for a settled status with less than 5 years’ continuous residence in certain situations.That’s according to the official excerpt:
“ If you start work or self-employment in the EU, Switzerland, Norway, Iceland or Liechtenstein
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein you can get settled status if you start work or self-employment in one of those countries and you both:

have lived and worked or been self-employed in the UK continuously for at least 3 years beforehand
usually return to your UK home at least once a week
If you’re the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein at the time they start work or self-employment in one of those countries you may also be eligible for settled status.“

It shows that there’s a way even if an EU national has to go to another EU country which would be the case in this situation. We haven’t left yet but my husband who’s the sponsor may have a job opportunity in the EU but with a possibility of keeping his business still in the U.K. So it’d be a matter of travelling between two countries regularly.
What is your thought on that?
Thanks.

Tairdoh
Newly Registered
Posts: 13
Joined: Wed Mar 16, 2022 2:25 pm
United Kingdom

Re: EU settled status without an EU national presence in the U.K.

Post by Tairdoh » Fri Mar 18, 2022 2:17 pm

Tairdoh wrote:
Fri Mar 18, 2022 12:32 pm
kamoe wrote:
Wed Mar 16, 2022 3:39 pm
Tairdoh wrote:
Wed Mar 16, 2022 2:57 pm
Hi,
Will a person who is on pre-settled status be able to apply for a settled status if a sponsoring EU National has left the U.K.?

Thanks.
Nope. They can remain in the UK while their pre settled status is valid, but they won't be able to "upgrade" to Settled Status if the relationship to the EU national has broken down, or the EU national has left the UK.
Thanks for your quick reply.

kamoe
Moderator
Posts: 2947
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: EU settled status without an EU national presence in the U.K.

Post by kamoe » Sun Mar 20, 2022 10:42 am

Tairdoh wrote:
Fri Mar 18, 2022 12:32 pm
Are you 100% positive about that?
I am sure the answer I gave is correct for the question you originally asked.

Then, I hope you realise that your original question does not describe your real situation. In your case, the EU national would still come to the UK once a week. So it is not a situation where the EU sponsor leaves the UK, bur rather, the EU sponsor becomes a frontier worker. It's not the same thing.
It’s for a Non EU parent who’s on pre settled status and according to the official government website some applicants can still apply for a settled status with less than 5 years’ continuous residence in certain situations.That’s according to the official excerpt:
“ If you start work or self-employment in the EU, Switzerland, Norway, Iceland or Liechtenstein
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein you can get settled status if you start work or self-employment in one of those countries and you both:

have lived and worked or been self-employed in the UK continuously for at least 3 years beforehand
usually return to your UK home at least once a week
If you’re the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein at the time they start work or self-employment in one of those countries you may also be eligible for settled status.“

It shows that there’s a way even if an EU national has to go to another EU country which would be the case in this situation. We haven’t left yet but my husband who’s the sponsor may have a job opportunity in the EU but with a possibility of keeping his business still in the U.K. So it’d be a matter of travelling between two countries regularly.
What is your thought on that?
Thanks.
Purely from the way it's worded, it looks like it could indeed be possible to obtain Settled Status as you describe. But I have no experience on this, and therefore that is only my personal, non-informed opinion. I will let other members more familiar with frontier worker cases comment on it.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Tairdoh
Newly Registered
Posts: 13
Joined: Wed Mar 16, 2022 2:25 pm
United Kingdom

Re: EU settled status without an EU national presence in the U.K.

Post by Tairdoh » Sun Mar 20, 2022 12:29 pm

kamoe wrote:
Sun Mar 20, 2022 10:42 am
Tairdoh wrote:
Fri Mar 18, 2022 12:32 pm
Are you 100% positive about that?
I am sure the answer I gave is correct for the question you originally asked.

Then, I hope you realise that your original question does not describe your real situation. In your case, the EU national would still come to the UK once a week. So it is not a situation where the EU sponsor leaves the UK, bur rather, the EU sponsor becomes a frontier worker. It's not the same thing.
It’s for a Non EU parent who’s on pre settled status and according to the official government website some applicants can still apply for a settled status with less than 5 years’ continuous residence in certain situations.That’s according to the official excerpt:
“ If you start work or self-employment in the EU, Switzerland, Norway, Iceland or Liechtenstein
If you’re from the EU, Switzerland, Norway, Iceland or Liechtenstein you can get settled status if you start work or self-employment in one of those countries and you both:

have lived and worked or been self-employed in the UK continuously for at least 3 years beforehand
usually return to your UK home at least once a week
If you’re the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein at the time they start work or self-employment in one of those countries you may also be eligible for settled status.“

It shows that there’s a way even if an EU national has to go to another EU country which would be the case in this situation. We haven’t left yet but my husband who’s the sponsor may have a job opportunity in the EU but with a possibility of keeping his business still in the U.K. So it’d be a matter of travelling between two countries regularly.
What is your thought on that?
Thanks.
Purely from the way it's worded, it looks like it could indeed be possible to obtain Settled Status as you describe. But I have no experience on this, and therefore that is only my personal, non-informed opinion. I will let other members more familiar with frontier worker cases comment on it.
Thank you for your response. I do appreciate it.

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