I find this topic mind-bending, for several reasons. But in the end I agree that the bottomline is,
it will be possible for the OP to apply for Pre-Settled status within reasonable grounds. See below.
Obie wrote: ↑Mon Aug 31, 2020 10:54 am
I do not think it is circumvent. That term has connotations of abuse or creating some artificial conditions, just to show formalities are met.
I'd like to say, let's agree to disagree. I do think this could be described as circumvention, but having dived into the
EUSS case worker guidelines, I think that for these applications, just as is happening for applications for non-EU dependent parents, where dependency is assumed, the Home Office is being explicitly and particularly tolerant of circumventions, and residence is assumed! (See further details below).
To say she should wait until 01-01-2021, the month she is meant to relocate, sounds absurd to me.
I apologise if that's the message implied. Not at all. If the OP can arrange to genuinely move to the UK before her course starts next year, then by all means she is in her right to do it.
My thinking really was more along the lines of what @secret_simon suggested: simply coming for a weekend visit will likely be intentionally aligned with circumvention; whilst a meaningful stay with actions conducting to her future establishment, like opening a bank account, looking and finding permanent accommodation, getting a NI number, and perhaps doing actual work (none of which was mentioned by the OP), will be akin to represent the beginning of her UK residence.
I guess I simply want to make clear I that I specifically distance any advice I give here with what the OP described as actions conducted "to
avoid applying for the point-based tier".
Now to the actual meat of the answer here, and for the interest of the OP: As you say,
there is no minimum required length of residence to qualify for Pre-Settled Status. Once could theoretically come to the UK on December 31st and apply that very day, and successfully be granted Pre-Settled status.
What will happen is this:
1. Assuming the applicant has not done anything but arrive in the UK (no NI number, no work history), the System will find no evidence of residence prior to the application date.
2. The applicant will then be invited to upload evidence, which can be in the form of :
-Preferred evidence (stronger evidence that confirm longer residence periods), or
-Alternative evidence (somehow weaker evidence, since they only cover shorter periods, but still acceptable)
As part of alternative evidence, it includes:
• a passport stamp confirming entry at the UK border - this will be treated as
evidence of residence for the month of entry
• a used travel ticket confirming previous inbound travel to the UK - this will be
treated as evidence of residence for the month of entry
(See section 'Evidence of residence' in the
EUSS caseworker guidance)
So, given there is no minimum residence period to qualify for Pre-Settled Status, a month's residence is effectively enough qualifying time, and the above suggests that the only thing the OP needs to do is ask for her passport to be stamped on arrival to the UK, and/or make sure to keep records of her used boarding pass. Either of this alone would be enough to prove UK residence for that month. So:
3. If the application is made in the same month of the documented travel, or very shortly the month after, the applicant will likely be granted Pre-Settled status. However, if the application is made more than two months after the documented travel then additional evidence will be required to cover subsequent months (very likely stronger evidence, not just another documented later trip).
This is mind-bending because nothing stops any EU citizen who comes to the UK for a weekend trip at any time between now and December 31st 2020 from successfully obtaining Pre-Settled status. This is in complete contrast to previous EEA regulations, where EU citizens had to be 'qualified persons' exercising treaty rights to even submit a valid application.
However, I understand that the application process does ask for the applicant's confirmation that they are resident in the UK at the time of application, so this could be understood as a confirmation of the good faith of the application. The definition of 'residence' is nowhere to be found in the Appendix EU of the Immigration rules.
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.
