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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.

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nishants85
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EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Fri Feb 07, 2020 12:57 pm

Hi,

Apologies if this has already been answered but I need your advice on the following scenario:

I have completed 4 years in the UK and currently hold a Pre-Settled status which is valid till June 2024.
My wife is planning to move to her native country to pursue her career in teaching this year in June (before 5 years are completed)

1. Am I allowed to stay in the UK until my pre-settled status expires?
2. Can I apply for settled status once I complete 5 years (in April 2021)?

Thanks.

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Zerubbabel
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by Zerubbabel » Fri Feb 07, 2020 4:24 pm

Are you married or just partner?

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Fri Feb 07, 2020 8:48 pm

We have been married for 5 years.

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Mon Feb 10, 2020 11:40 am

Is there any update on this topic guys.
My wife will visit me on a regular basis and she will spend less than 6 months outside of the UK (which meets the requirement of staying in the UK for a continuous period and applying for Settled status).

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Zerubbabel
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by Zerubbabel » Mon Feb 10, 2020 9:07 pm


nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Fri Feb 14, 2020 4:16 pm

Zerubbabel wrote:
Mon Feb 10, 2020 9:07 pm
You need to check this out:

https://www.gov.uk/family-permit/retain ... -residence
Thanks for your response, Zerubbabel. I read the rules and it looks like I can apply for retained right to reside in case of Divorce but this is not the case.
She wants to continue her career in the teaching field in her country but it is difficult for me to find a job there because of language restrictions. So, basically she will stay in her country and I will be in the UK and we will keep visiting each other.
I called a Solicitor and was told that she will need to maintain 6 months in a year to qualify for continuous residency, is there any way by which we can prove that she has spent at least 6 months in the UK? (She will visit me on a regular basis).

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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by LineLove85 » Fri Feb 14, 2020 4:38 pm

nishants85 wrote:
Fri Feb 14, 2020 4:16 pm
Zerubbabel wrote:
Mon Feb 10, 2020 9:07 pm
You need to check this out:

https://www.gov.uk/family-permit/retain ... -residence
Thanks for your response, Zerubbabel. I read the rules and it looks like I can apply for retained right to reside in case of Divorce but this is not the case.
She wants to continue her career in the teaching field in her country but it is difficult for me to find a job there because of language restrictions. So, basically she will stay in her country and I will be in the UK and we will keep visiting each other.
I called a Solicitor and was told that she will need to maintain 6 months in a year to qualify for continuous residency, is there any way by which we can prove that she has spent at least 6 months in the UK? (She will visit me on a regular basis).
Not sure if I’m right but I think you can use bills and bank statements(if they are on her name) to prove her residency.

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Thu Feb 20, 2020 4:21 pm

Yes, we will have the council tax bills and bank statements. Hopefully, that should meet the requirement of continuous residency. She would also do a part-time job for a few months when she will visit me in the UK. Hope all these documents should suffice. Thanks for the information.

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Tue Mar 03, 2020 3:35 pm

Hi All,

Just following up on my original topic. I will have the following documents available:
- Council tax bills
- Utility bills
- Bank statements
- My wife will be visiting a few weekends for a part-time job in the UK so she will have the salary statements.

Will the above documents suffice?

Thanks for your help.

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Fri Mar 06, 2020 9:21 am

Any advice l on the above, please?

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Mon Mar 09, 2020 2:24 pm

nishants85 wrote:
Tue Mar 03, 2020 3:35 pm
Hi All,

Just following up on my original topic. I will have the following documents available:
- Council tax bills
- Utility bills
- Bank statements
- My wife will be visiting a few weekends for a part-time job in the UK so she will have the salary statements.

Will the above documents suffice?

Thanks for your help.
Any help on this, please.
We both will go ahead and apply for settled status next year.

nishants85
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Re: EU partner leaving UK before 5 years (with pre-Settled status)

Post by nishants85 » Fri Mar 20, 2020 11:41 am

Hi All,

Just checking if anyone can help me with this situation, please.

nishants85
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EU Spouse leaving before 5 years in the UK (Not separating)

Post by nishants85 » Sat Jun 27, 2020 12:32 pm

Hi All,

I need help with the following situation, please.
We arrived in the UK in June 2016 and have completed 4 years of continuous residence now. Also, we both applied for Pre-Settled status and both of us have received it which is valid till Feb 2024. Now, my wife is planning to move back to her country as she is finding it difficult to get a proper job here and wants to continue her job in her country (Language teacher)

Now, next year we both are planning to apply for Settled status as we will complete 5 years in June 2021.

Below are my queries:
1. Can I submit the council tax bills, bank statements, rent receipts, etc to show the proof as continues residence?
2. If our settled status application is not successful, am I allowed to stay and work in the UK till Feb 2024 (validity of my pre-settled status)
3. Can I travel to my country on holiday and return back to the UK even if my wife is not in the UK? From what I understand she is allowed to be out of the UK for 2 years on a pre-settled status.

Thanks for your help.

Regards,

Nishant Sharma

balasaheb
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Re: EU Spouse leaving before 5 years in the UK (Not separating)

Post by balasaheb » Fri Jul 03, 2020 8:43 am

nishants85 wrote:
Sat Jun 27, 2020 12:32 pm
Hi All,

I need help with the following situation, please.
We arrived in the UK in June 2016 and have completed 4 years of continuous residence now. Also, we both applied for Pre-Settled status and both of us have received it which is valid till Feb 2024. Now, my wife is planning to move back to her country as she is finding it difficult to get a proper job here and wants to continue her job in her country (Language teacher)

Now, next year we both are planning to apply for Settled status as we will complete 5 years in June 2021.

Below are my queries:
1. Can I submit the council tax bills, bank statements, rent receipts, etc to show the proof as continues residence?
2. If our settled status application is not successful, am I allowed to stay and work in the UK till Feb 2024 (validity of my pre-settled status)
3. Can I travel to my country on holiday and return back to the UK even if my wife is not in the UK? From what I understand she is allowed to be out of the UK for 2 years on a pre-settled status.

Thanks for your help.

Regards,

Nishant Sharma
Council Tax bills, banks statements and rent receipts are not proof of continuous stay. You can pay rent for a flat but it does not mean you are a resident. You can operate bank accounts remotely. So NO
What you need is to show payslips and obtain HMRC employment history, doctor's letter stating that the subject has been attending the clinic frequently.

balasaheb
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Re: EU Spouse leaving before 5 years in the UK (Not separating)

Post by balasaheb » Fri Jul 03, 2020 8:44 am

nishants85 wrote:
Sat Jun 27, 2020 12:32 pm
Hi All,

I need help with the following situation, please.
We arrived in the UK in June 2016 and have completed 4 years of continuous residence now. Also, we both applied for Pre-Settled status and both of us have received it which is valid till Feb 2024. Now, my wife is planning to move back to her country as she is finding it difficult to get a proper job here and wants to continue her job in her country (Language teacher)

Now, next year we both are planning to apply for Settled status as we will complete 5 years in June 2021.

Below are my queries:
1. Can I submit the council tax bills, bank statements, rent receipts, etc to show the proof as continues residence?
2. If our settled status application is not successful, am I allowed to stay and work in the UK till Feb 2024 (validity of my pre-settled status)
3. Can I travel to my country on holiday and return back to the UK even if my wife is not in the UK? From what I understand she is allowed to be out of the UK for 2 years on a pre-settled status.

Thanks for your help.

Regards,

Nishant Sharma
Council Tax bills, banks statements and rent receipts are not proof of continuous stay. You can pay rent for a flat but it does not mean you are a resident. You can operate bank accounts remotely. So NO
What you need is to show payslips and obtain HMRC employment history, doctor's letter stating that the subject has been attending the clinic frequently.

nishants85
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Re: EU Spouse leaving before 5 years in the UK (Not separating)

Post by nishants85 » Mon Jul 06, 2020 8:18 pm

Thanks for your response.
So in his scenario what options do I have?
I have asked my company to transfer me back to my home country as it is impossible for me to find a job in her country because of language restrictions and lack of opportunities.
Can I stay in the UK until the validity of my pre-settled status so that I can make the necessary arrangements before moving out of the UK. We will remain married and will try to visit each other (but that looks a bit tough)

nishants85
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Pre-Settlement - 2 years abroad rule

Post by nishants85 » Mon Jul 13, 2020 9:06 am

Hi All,

I have one query and need your help to understand how the process works.

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?

Regards.

JB007
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Re: Pre-Settlement - 2 years abroad rule

Post by JB007 » 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.

nishants85
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Re: Pre-Settlement - 2 years abroad rule

Post by nishants85 » 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 :(.

JB007
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Re: Pre-Settlement - 2 years abroad rule

Post by JB007 » 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.

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