Pre-settled - more details needed

Hi,

I used to live in the UK for 10.5 years but have been absent for almost 2 years. I came back for a job in London but obviously I won't be able to apply for Settled Status.

I can't find details about pre-settled status. What are the limits on when and for how long you can leave the country to keep your pre-settled status?

edga wrote: ↑

Wed Feb 13, 2019 10:01 am

I used to live in the UK for 10.5 years but have been absent for almost 2 years. I came back for a job in London but obviously I won't be able to apply for Settled Status.

An absence of 2 years disqualifies for for Permanent Residence, not Settled status.

https://www.gov.uk/guidance/immigration ... -to-remain

supervening event at the date of application:
(a) the applicant has been absent from the UK for a period of more than five consecutive years (at any point since they last acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or since they last completed a continuous qualifying period of five years); or

I can't find details about pre-settled status. What are the limits on when and for how long you can leave the country to keep your pre-settled status?

As above.

Hi,

I can't find the quote you provided on the page from the link. Should I apply for ILR, settled, or pre-settled status?

edga wrote: ↑

Thu Feb 21, 2019 10:35 am

I can't find the quote you provided on the page from the link.

Go to the end of the page, click on Annex 1 - Definitions, then look for 'Supervening event' (which in this context means an event that disqualified the applicant).

Should I apply for ILR, settled, or pre-settled status?

According to the above, a 2-year absence is no issue for applying for Settled status, so you might qualify for that.

If Edga wanted to apply for citizenship immediately and provided she was a qualified person during 5 of those 10 years, she could also apply for a DCPR - no?
She said she's been away for 'almost' 2 years, so has an absence of less than 2 years - this means she still has PR.
What dates were you away exactly, Edga?

NikiGio wrote: ↑

Thu Feb 21, 2019 12:30 pm

If Edga wanted to apply for citizenship immediately and provided she was a qualified person during 5 of those 10 years, she could also apply for a DCPR - no? She said she's been away for 'almost' 2 years, so has an absence of less than 2 years - this means she still has PR.

Just being aware of the fact that they speak in present tense, meaning the absence could become longer than 2 years. But if that's not the case, then yes, they could still have PR.

Hi,

I will try to keep this short.

I arrived in the UK in 2006 (from Poland) and stayed in the UK until 2017. I applied for citizenship in 2015 for the period 2008-2014 but I was told that during the extension period 2009-11 I wasn't enlisted in WRS (Worker Registration Scheme). Even though this extension was ruled unlawful they said it didn't matter.

Has something changed in that department? I was wondering if it's possible to apply for Citizenship based on my previous time spent in the UK. I am back now and have been away for 22 months.

I have read this: https://gcnchambers.co.uk/worker-regist ... -unlawful/

and it says:

It will no longer be able to refuse EU workers the right to reside on the ground of not having complied with the WRS requirements in the period from 1st May 2009 to 30th April 2011.

Does it mean I can apply again based on 2010-2016 period even though I was absent for the last 2 years?

Do you hold a document certifying Permanent Residence??

If not, you will need that first before you can potentially apply for citizenship. Whether your long absence has an effect on PR, I am not sure (or the new 'settled' status scheme being rolled out).

I started online application for PR and I'm at the step where it shows the accession periods and in A8 it does show 2011. I need to find my WRS now in order to give it to them but shouldn't that 2011 be changed to 2009?

CR001 wrote: ↑

Tue Feb 26, 2019 9:53 am

Whether your long absence has an effect on PR, I am not sure

If PR was acquired in 2015, then an absence less than two years does not affect PR.

To the OP: You will need to apply for either a DCPR and/or settled status.

If you apply for and get settled status, you will need to wait for one year from the date of ILR settled status before applying for British citizenship. If you get a DCPR with a letter stating that you acquired PR at least one year ago, you can apply for British citizenship directly.

You will also need to meet the separate and different requirements for British citizenship (such as the absence, physical presence and English language requirements and LITUK test, etc).

As most of the questions are about the acquisition of PR rather than British citizenship, moving this thread to the EEA-Route applications forum.

Hi,

I left 14th April 2017 and came back 2nd February 2019, so yes indeed less than 2 years.

I started application for PR but I saw some information about accession period being 2004-2011 so not sure if they will accept it. I just need to find my WRS number and send online application.

They didn't ask me to specify the period I want to use, is that a problem? If the above comment about 2009-11 being illegal will be honoured I have 10.5 years of continous living in the UK so shouldn't be a problem right?

(oh and btw: I am male )

edga wrote: ↑

Thu Feb 28, 2019 1:14 pm

I left 14th April 2017 and came back 2nd February 2019, so yes indeed less than 2 years.

So you can apply for backdated PR and then exchange it for Settled Status before Dec 2020.

edga wrote: ↑

Thu Feb 28, 2019 1:14 pm

They didn't ask me to specify the period I want to use, is that a problem? If the above comment about 2009-11 being illegal will be honoured I have 10.5 years of continous living in the UK so shouldn't be a problem right?

I don't know enough about Accession workers, so can't comment. But provided you were exercising treaty rights, you can use the period 2012-2016 as your qualifying period (QP).
Send a covering letter with your application, specifying very clearly what QP you are applying for, and send evidence covering that period. You'll also need to send one piece of residency evidence per year since the end of your QP, to show you haven't been away for more than 2 years.

And noted you're male

You also have the option of applying for settled status using your 2012-2016 years, and again supply one piece of evidence per year for 2017-2019 to show you haven't been away for more than 2 years.

The only advantage of applying for backdated PR is that it enables you to apply immediately for British citizenship, rather than having to wait 1 year with settled status (unless you're married to a Brit).

Threads merged for a fuller understanding of the OP's situation.

Also see thread about possible issues in an earlier thread.

Thank you for all your help - it is getting clearer every day.

I am still not quite clear on the residence evidence. I mean I will have WRS (just not between 09-11) and P45s and P60s for other periods (with some gaps, let's say the 2010-11 turned out to be the showstopper for my citizenship application as I think my boss was doing a lot of shady things, hence no WRS enrollment and other things), as I think I still have them. I was told before employment contracts are not good enough though?

edga wrote: ↑

Thu Feb 28, 2019 4:35 pm

I am still not quite clear on the residence evidence. I mean I will have WRS (just not between 09-11) and P45s and P60s for other periods (with some gaps, let's say the 2010-11 turned out to be the showstopper for my citizenship application as I think my boss was doing a lot of shady things, hence no WRS enrollment and other things), as I think I still have them. I was told before employment contracts are not good enough though?

If you apply for PR using a QP of 2012-2016, you need to supply:
⚠ Either P60s or pay slips (say 6/year) for 2012, 2013, 2014, 2015, 2016. P60s double-up as evidence of work and evidence of residence during the QP
⚠ Employment contracts are goid enough, yes - also letters from an employer saying when you started working there are good. Have you been working since 02.02.19, do you have pay slips or an employment contract?
⚠ One piece of evidence of residence for 2017, 2018, 2019 - like say a council tax bill or an electricity bill. But given you were abroad on 14.04.17-02.02.19, you should provide one piece of residence evidence for the period 01.01.17-14.04.17, and one piece of residence evidence for the period 02.02.19-now.
⚠ Explain in your covering letter the dates you were away, and provide anything you have to show you are back - like your flight check-in e-mail. I would also include your outbound flight e-mail for when you left on 14.04.17.
⚠ Ignore the period before 2012, as this is outside your QP. In the covering letter, explain that you are not providing any information about the period before 2012 as this is irrelevant to the application, given you are applying based on your QP of 2012-2016.

Thank you for such detailed response. I appreciated it! I will have a look at all documents and try to put all of this together.

I understand that despite applying online I enclose my covering letter with all the original documents when I will send them over to them?

You're welcome

edga wrote: ↑

Tue Mar 05, 2019 11:34 am

I understand that despite applying online I enclose my covering letter with all the original documents when I will send them over to them?

Yes - strongly suggest you enclose a covering letter, as it helps the caseworker understand your situation more clearly and it also enables you to state very clearly which qualifying period you are applying and submitting evidence for, otherwise they might just guess and get it wrong.

Here's the template of the covering letter I sent when I did my PR application:
eea-route-applications/eea-pr-cover-let ... l#p1681609

Even though the application is filled in online, at the end you have to print it and send it by post along with the supporting documentation.

I will definitely write the covering letter. Thank you.

I have two more questions:

1. My first application was rejected based on the 2009-11 WRS extension fiasco and even though I sent a reconsideration letter proving that a judge ruled this extension unlawful they still said I didn't exercise my treaty rights. How do I make sure to tell them that they can't reject me for this reason any more?

2. If my period will be 2010-2016, do I even need to supply my WRS if legally after 2009 it wasn't required anymore?

H Guys!

I got my permanent residence document today.

It says that I acquired permanent residence in the UK on 6th April 2010. The document itself was issued on 10th October

Then when I went to read more about naturalisation (Guide_AN_Naturalisation_Booklet) I have noticed this paragraph:

If you apply for a permanent residence document the date on the card will be the date that it is issued. But you will have become free of immigration conditions once you have been in the UK for 5 years exercising EEA free movement rights and acquired permanent residence. We will use the date that you acquired permanent residence to consider your naturalisation application and not the date on which any document was issued.


Does it mean that technically I could have applied from 6th April 2011+ or do i have to wait until 10th October 2020, what do you think?

edga wrote: ↑

Wed Oct 16, 2019 6:01 pm

Does it mean that technically I could have applied from 6th April 2011

It means you can apply today for naturalization.
It also means that if you had gotten your permanent residence card at any point after April 6th 2011, you could also have applied that very day for naturalization (after applying and getting your PR).

But since you only got your card today, today is the earliest possible date you can apply.

do i have to wait until 10th October 2020, what do you think?

No need to wait, your permanent residence is assumed from the date the letter specifies you acquired it, not from the day you receive the card. So for you, PR is April 6th 2010, as the letter says. This means you can apply for naturalization at any point after one year has passed from that date, that is, at any point after April 6th 2011. So any point now.

edga wrote: ↑

Wed Oct 16, 2019 6:01 pm

H Guys!
I got my permanent residence document today.

Amazing, congrats!