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Length of stay I'm allowed outside UK to get settled status

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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nilooomilooo
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Bangladesh

Length of stay I'm allowed outside UK to get settled status

Post by nilooomilooo » Sat Jan 04, 2020 7:11 pm

I'm currently on pre-settled status on EU Settlement Scheme. I want to have a settled status after this expires, but unfortunately, I'm unable to stay in UK during this period. I can't bear the expenses of my education in UK, so I am planning to complete my undergrad in my home country and then come back.

So about the length of stay outside UK, this is what's written on my letter:

https://ibb.co/b26r6cR

My questions regarding this:

1) What does this 'six months in any 12-month period' mean? If I stay outside UK, come back every six months, stay for a week, and leave again, will I be denied a settled status after 5 years?

2) What does this 'single absence of up to 12 consecutive months' mean for study purposes? If I spend 12 months outside in a row, I can't leave again in the remaining years of my pre-settled status?

3) I see that the condition of keeping my pre-settled status is I can't stay outside of UK more than 2 years. I understand that if I follow this method, I will keep my pre-settled status alright, but I can't get settled status after 5 years. But, at the end 5 years can I get another 5-year pre-settled status?

I checked the website regarding this issue and they seem to have an option of replacing BRP that is about to expire.

https://www.gov.uk/biometric-residence- ... xpired-brp

What do you think?

secret.simon
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Re: Length of stay I'm allowed outside UK to get settled status

Post by secret.simon » Sun Jan 05, 2020 7:30 am

nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
1) What does this 'six months in any 12-month period' mean? If I stay outside UK, come back every six months, stay for a week, and leave again, will I be denied a settled status after 5 years?
"Six months in *any* 12 months period" means exactly what it says.

At *any* point during your pre-settled status, you need to have resided in the UK for six months in the preceding 12 months.

So, if you reside for a straight six months outside the UK, you will need to reside in the UK for at least six months before you leave the UK at all.

You can obviously leave and re-enter the UK as many times as possible, so long as you have resided in the UK for at least 183 days in the preceding 365 days.
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
2) What does this 'single absence of up to 12 consecutive months' mean for study purposes? If I spend 12 months outside in a row, I can't leave again in the remaining years of my pre-settled status?
Again, it means what it says.

You are allowed one twelve month absence from the UK for an important reason without breaking continuity of residence. In the remaining four years, the rules above of being resident in the UK for at least six months in the year apply.

So, if you plan to max out your absences from the UK, you must be resident in the UK for at least 24 months (spread evenly across four years; factoring in one year of complete absence) in the five years following the grant of the pre-settled status.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

nilooomilooo
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Re: Length of stay I'm allowed outside UK to get settled status

Post by nilooomilooo » Sun Jan 05, 2020 2:23 pm

secret.simon wrote:
Sun Jan 05, 2020 7:30 am
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
1) What does this 'six months in any 12-month period' mean? If I stay outside UK, come back every six months, stay for a week, and leave again, will I be denied a settled status after 5 years?
"Six months in *any* 12 months period" means exactly what it says.

At *any* point during your pre-settled status, you need to have resided in the UK for six months in the preceding 12 months.

So, if you reside for a straight six months outside the UK, you will need to reside in the UK for at least six months before you leave the UK at all.

You can obviously leave and re-enter the UK as many times as possible, so long as you have resided in the UK for at least 183 days in the preceding 365 days.
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
2) What does this 'single absence of up to 12 consecutive months' mean for study purposes? If I spend 12 months outside in a row, I can't leave again in the remaining years of my pre-settled status?
Again, it means what it says.

You are allowed one twelve month absence from the UK for an important reason without breaking continuity of residence. In the remaining four years, the rules above of being resident in the UK for at least six months in the year apply.

So, if you plan to max out your absences from the UK, you must be resident in the UK for at least 24 months (spread evenly across four years; factoring in one year of complete absence) in the five years following the grant of the pre-settled status.

Thank you for your reply, you've made it clear to me now.
Anyhow you know the answer to the last question? Whether I'll get another pre-settled status at the end of 5 years?

Obie
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Ireland

Re: Length of stay I'm allowed outside UK to get settled status

Post by Obie » Sun Jan 05, 2020 6:43 pm

secret.simon wrote:
Sun Jan 05, 2020 7:30 am
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
1) What does this 'six months in any 12-month period' mean? If I stay outside UK, come back every six months, stay for a week, and leave again, will I be denied a settled status after 5 years?
"Six months in *any* 12 months period" means exactly what it says.

At *any* point during your pre-settled status, you need to have resided in the UK for six months in the preceding 12 months.

So, if you reside for a straight six months outside the UK, you will need to reside in the UK for at least six months before you leave the UK at all.

You can obviously leave and re-enter the UK as many times as possible, so long as you have resided in the UK for at least 183 days in the preceding 365 days.
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
2) What does this 'single absence of up to 12 consecutive months' mean for study purposes? If I spend 12 months outside in a row, I can't leave again in the remaining years of my pre-settled status?
Again, it means what it says.

You are allowed one twelve month absence from the UK for an important reason without breaking continuity of residence. In the remaining four years, the rules above of being resident in the UK for at least six months in the year apply.

So, if you plan to max out your absences from the UK, you must be resident in the UK for at least 24 months (spread evenly across four years; factoring in one year of complete absence) in the five years following the grant of the pre-settled status.

Well a pre settled status is not affected by an absence of less than 24 months. However a person who needs to acquire settled status on the back residence will need to show continuous residence of 5 years. That residence is broken by absence of more than 6 months in a year.
Seasons greetings to everyone and a prosperous 2020

nilooomilooo
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Bangladesh

Re: Length of stay I'm allowed outside UK to get settled status

Post by nilooomilooo » Sun Jan 05, 2020 6:58 pm

Obie wrote:
Sun Jan 05, 2020 6:43 pm
secret.simon wrote:
Sun Jan 05, 2020 7:30 am
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
1) What does this 'six months in any 12-month period' mean? If I stay outside UK, come back every six months, stay for a week, and leave again, will I be denied a settled status after 5 years?
"Six months in *any* 12 months period" means exactly what it says.

At *any* point during your pre-settled status, you need to have resided in the UK for six months in the preceding 12 months.

So, if you reside for a straight six months outside the UK, you will need to reside in the UK for at least six months before you leave the UK at all.

You can obviously leave and re-enter the UK as many times as possible, so long as you have resided in the UK for at least 183 days in the preceding 365 days.
nilooomilooo wrote:
Sat Jan 04, 2020 7:11 pm
2) What does this 'single absence of up to 12 consecutive months' mean for study purposes? If I spend 12 months outside in a row, I can't leave again in the remaining years of my pre-settled status?
Again, it means what it says.

You are allowed one twelve month absence from the UK for an important reason without breaking continuity of residence. In the remaining four years, the rules above of being resident in the UK for at least six months in the year apply.

So, if you plan to max out your absences from the UK, you must be resident in the UK for at least 24 months (spread evenly across four years; factoring in one year of complete absence) in the five years following the grant of the pre-settled status.

Well a pre settled status is not affected by an absence of less than 24 months. However a person who needs to acquire settled status on the back residence will need to show continuous residence of 5 years. That residence is broken by absence of more than 6 months in a year.
Yes I understood that part, I'm mainly now confused about what'll happen after 5 years if I follow the condition of keeping just the current pre-settled status, which is I can't be absent more than 2 years. I won't get settled status alright after 5 years, but will I get another pre-settled status?

Obie
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Ireland

Re: Length of stay I'm allowed outside UK to get settled status

Post by Obie » Sun Jan 05, 2020 8:00 pm

You will then have to apply for further pre settled status until you are able to get 5 years continuous residence.
Seasons greetings to everyone and a prosperous 2020

nilooomilooo
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Bangladesh

Re: Length of stay I'm allowed outside UK to get settled status

Post by nilooomilooo » Sun Jan 05, 2020 8:59 pm

Obie wrote:
Sun Jan 05, 2020 8:00 pm
You will then have to apply for further pre settled status until you are able to get 5 years continuous residence.
Okay thanks, I thought I get pre-settled status once and never more. That's what the guy on the phone said when I called EU Settlement Scheme. but he sounded confused himself about it.

GenevaJet
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Re: Length of stay I'm allowed outside UK to get settled status

Post by GenevaJet » Tue Jan 14, 2020 2:10 pm

nilooomilooo wrote:
Sun Jan 05, 2020 8:59 pm
Obie wrote:
Sun Jan 05, 2020 8:00 pm
You will then have to apply for further pre settled status until you are able to get 5 years continuous residence.
Okay thanks, I thought I get pre-settled status once and never more. That's what the guy on the phone said when I called EU Settlement Scheme. but he sounded confused himself about it.
You can receive pre-settled status as many times as you like. Once you've acquired five years in the UK using that pre-settled status, this is when you can apply for settled status.

kumitrue
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Lithuania

Re: Length of stay I'm allowed outside UK to get settled status

Post by kumitrue » Tue Jan 14, 2020 9:29 pm

GenevaJet wrote:
Tue Jan 14, 2020 2:10 pm
nilooomilooo wrote:
Sun Jan 05, 2020 8:59 pm
Obie wrote:
Sun Jan 05, 2020 8:00 pm
You will then have to apply for further pre settled status until you are able to get 5 years continuous residence.
Okay thanks, I thought I get pre-settled status once and never more. That's what the guy on the phone said when I called EU Settlement Scheme. but he sounded confused himself about it.
You can receive pre-settled status as many times as you like. Once you've acquired five years in the UK using that pre-settled status, this is when you can apply for settled status.
However, I understand that a continuous qualifying period of residence must have begun before the specified
date [i.e. before the transition period ends]. Would it mean that the application for the Settled status will be refused if a continuous qualifying period an applicant relied on begun after the specified date?

GenevaJet
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Re: Length of stay I'm allowed outside UK to get settled status

Post by GenevaJet » Thu Jan 16, 2020 11:15 am

kumitrue wrote:
Tue Jan 14, 2020 9:29 pm
GenevaJet wrote:
Tue Jan 14, 2020 2:10 pm
nilooomilooo wrote:
Sun Jan 05, 2020 8:59 pm
Obie wrote:
Sun Jan 05, 2020 8:00 pm
You will then have to apply for further pre settled status until you are able to get 5 years continuous residence.
Okay thanks, I thought I get pre-settled status once and never more. That's what the guy on the phone said when I called EU Settlement Scheme. but he sounded confused himself about it.
You can receive pre-settled status as many times as you like. Once you've acquired five years in the UK using that pre-settled status, this is when you can apply for settled status.
However, I understand that a continuous qualifying period of residence must have begun before the specified
date [i.e. before the transition period ends]. Would it mean that the application for the Settled status will be refused if a continuous qualifying period an applicant relied on begun after the specified date?
I can't say for certain but I think you are able to use your continuous residence even if it runs over after the transition period ends so you can keep going until you acquire five years, at which point you can apply for ILR, most likely under a different scheme as the EU Settlement Scheme likely won't be a thing then.

kumitrue
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Lithuania

Re: Length of stay I'm allowed outside UK to get settled status

Post by kumitrue » Thu Jan 16, 2020 12:20 pm

GenevaJet wrote:
Thu Jan 16, 2020 11:15 am
most likely under a different scheme as the EU Settlement Scheme likely won't be a thing then.
Then this speculative as we do not know how the migration system will look like after 2021

GenevaJet
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Re: Length of stay I'm allowed outside UK to get settled status

Post by GenevaJet » Thu Jan 16, 2020 12:21 pm

kumitrue wrote:
Thu Jan 16, 2020 12:20 pm
GenevaJet wrote:
Thu Jan 16, 2020 11:15 am
most likely under a different scheme as the EU Settlement Scheme likely won't be a thing then.
Then this speculative as we do not know how the migration system will look like after 2021
Correct.

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