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Pre-Settlement - 2 years abroad rule

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, Zimba

nishants85
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Posts: 29
Joined: Fri Feb 19, 2016 9:49 am

Re: Pre-Settlement - 2 years abroad rule

Post by nishants85 » Mon Jul 13, 2020 2:28 pm

JB007 wrote:
Mon Jul 13, 2020 1:36 pm
nishants85 wrote:
Mon Jul 13, 2020 11:17 am
JB007 wrote:
Mon Jul 13, 2020 11:01 am
nishants85 wrote:
Mon Jul 13, 2020 9:06 am
We have got Pre-Settled status and as per the rules, we will not lose it if we are out of the country for a maximum period of 2 years. Now, if we leave the UK and decide to return after 18 months(for example), I assume that we would not be able to apply for settled status as there is a break in the continuous residence clause and in this case but can we apply for Pre-Settled status again which would be valid for further 5 years?

You can't apply for pre-settled staus after June 2021, which means pre-settled status cannot be renewed.

Settled status has to be applied for before your pre-settled status has ended and you cannot have settled status if you have resided outside the UK for more than 6 months in any 12.

You and your EEA citizen wife can return to the UK on a valid pre-settled status but to live in the UK when your pre-settlerd status expires, one of you would need to look for sponsor for a UK visa and the other be their dependant.
Thanks for your quick response.
It is a shame that we will not be able to apply for settled status as my wife will need to relocate back to her country to continue her teaching job as school sessions will start soon. We have completed 4 years 2 months and will fall short of only 4 months :(.
Then your choices seem to be:-
- your EEA wife delays her return to her country until you both have Settled-Status
- she takes you to her country
-she moves to another EEA country with you for teaching under Free Movement.
-you look for a Tier 2 (General) work sponsor, which I assume would start your 5 years to ILR again?
- she moves to your country and teaches there.
-any other you can think of.
Thanks, JB007 :)
I checked the above options and all of them are not possible currently. I cannot find a job in her country because of language restrictions and she is not able to find any suitable job in UK and nothing in my country. My company might sponsor me but I think they would sponsor only for 5 years (will still check with them). I prefer to proceed with the EEA route only as we are short only by 4 months but difficult to convince my partner and she just wants to leave the UK and start teaching job in her country.
Anyways, thanks a lot for your advice, the situation is much clear now.

Zynmalikkkk
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Posts: 39
Joined: Tue Dec 17, 2019 7:31 pm

Re: Pre-Settlement - 2 years abroad rule

Post by Zynmalikkkk » Mon Jul 13, 2020 3:48 pm

In worst case scenario you can go for retained right to stay in the UK.
For such application you need to show marriage you were married since at least 3 years and you both have lived in the UK for one year.

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CR001
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Re: Pre-Settlement - 2 years abroad rule

Post by CR001 » Mon Jul 13, 2020 5:13 pm

Zynmalikkkk wrote:
Mon Jul 13, 2020 3:48 pm
In worst case scenario you can go for retained right to stay in the UK.
For such application you need to show marriage you were married since at least 3 years and you both have lived in the UK for one year.
You can only retain rights of residence if you are divorced. The poster has clearly stated they are NOT separating or divorcing.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

nishants85
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Posts: 29
Joined: Fri Feb 19, 2016 9:49 am

Re: Pre-Settlement - 2 years abroad rule

Post by nishants85 » Mon Jul 13, 2020 5:18 pm

Yes, that's correct mate.
We are not separating or divorcing its just that my wife is finding it hard to stay in UK because of no job options in her field whereas it is difficult for me to stay in her country as no job options for me there, so a tough situation. Anyways, I will stay till the valitidy of my settled status which is another 4 years and will look for further options. Thanks for your help guys.

nishants85
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Posts: 29
Joined: Fri Feb 19, 2016 9:49 am

Re: Pre-Settlement - 2 years abroad rule

Post by nishants85 » Mon Jul 13, 2020 5:21 pm

** correction to my previous post - validity of my pre settled status

MYRA4U
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Posts: 9
Joined: Fri Mar 06, 2020 9:28 pm

Re: Pre-Settlement - 2 years abroad rule

Post by MYRA4U » Mon Jul 13, 2020 8:34 pm

JB007 wrote:
Mon Jul 13, 2020 11:01 am
nishants85 wrote:
Mon Jul 13, 2020 9:06 am
We have got Pre-Settled status and as per the rules, we will not lose it if we are out of the country for a maximum period of 2 years. Now, if we leave the UK and decide to return after 18 months(for example), I assume that we would not be able to apply for settled status as there is a break in the continuous residence clause and in this case but can we apply for Pre-Settled status again which would be valid for further 5 years?

You can't apply for pre-settled staus after June 2021, which means pre-settled status cannot be renewed.

Settled status has to be applied for before your pre-settled status has ended and you cannot have settled status if you have resided outside the UK for more than 6 months in any 12.

You and your EEA citizen wife can return to the UK on a valid pre-settled status but to live in the UK when your pre-settlerd status expires, one of you would need to look for sponsor for a UK visa and the other be their dependant.
JB007@ Can you show us a link from your notion that someone can not re-apply for expired pre-settlement . I think if you don't qualify for settled status when your pre-settled status expired, you can always reapply for pre-settlement until you are qualify.

On the same topic i read someone (balasaheb) saying that Council Tax bills, banks statements and rent receipts are not proof of continuous stay.. Thats wrong to my understanding.
Documents to prove your continuous residence includes Council tax, bank statement showing the transactions and many others. I hope we crosscheck the informations we provide without certainty and stop confusing people with wrong informations.
We appreciate the efforts of the moderators, they are extremely helpful.

JB007
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Joined: Sun Jan 20, 2019 2:14 pm

Re: Pre-Settlement - 2 years abroad rule

Post by JB007 » Tue Jul 14, 2020 2:38 am

MYRA4U wrote:
Mon Jul 13, 2020 8:34 pm


JB007@ Can you show us a link from your notion that someone can not re-apply for expired pre-settlement . I think if you don't qualify for settled status when your pre-settled status expired, you can always reapply for pre-settlement until you are qualify.
But there are two very important caveats. First, a person who has broken their continuous residence period will still need to reapply for pre-settled status when they return to ensure that they can ultimately upgrade to settled status. That is because pre-settled status can’t be renewed or extended, so an interruption will leave the person short of the five years they need to qualify with no way of making up the time.

The second important caveat is that the settled status clock cannot be restarted after 31 December 2020. That is because of how a “continuous qualifying period” is defined in Appendix EU: it has to begin before 11pm on that date. If someone with pre-settled status exceeds the permitted absences and returns to the UK after 31 December 2020, they will be unable to restart the settled status clock at all.

....

"Pre-settled status lasts for five years max. If a holder of pre-settled status breaks their continuous residence but returns to the UK before 31 December 2020, they must apply for a new grant of pre-settled status to allow them to complete the “continuous qualifying period” of five years required for settled status.

Pre-settled status is only lost through two years of absence from the UK, but this is a red herring, for the reasons explained above

The right to upgrade from pre-settled status to settled status is lost if the continuous qualifying period is broken and the person returns to the UK after 31 December 2020"


https://www.freemovement.org.uk/lengthy ... s-at-risk/

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