Eligibility for switching to a settled status

Hello,

As a non-EU citizen, I hold a pre settled status as a family member of a EU citizen starting from Mar 2020. My status expires in Mar 2025.

In 2023, I had to stay abroad for work (hired for a 1 year contract by a non-UK employer). After the contract, I came back to the UK right away.

I hope to switch to a settled status via EUSS, however
I am wondering if the above 1 year of working overseas can be for sure an exception to the break of continuous residence.

My partner who is EU citizen and holds a settled status in the UK has stayed in the UK throughout the years.

Hope if you could give me advice.

Thank you and kind regards,

Just to add, I was granted my pre settled status via EUSS as well. I hoped to understand if my work overseas can be taken as an exception to the rules regarding the breaks in continuous residence. Thank you

https://www.gov.uk/settled-status-eu-ci ... atus-means

There are some absences of more than 6 months in a 12-month period that will not count as a break in your continuous residence, which are:

one period of up to 12 months for an important reason - for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19)

Note the "up to 12 months" statement - was it a full year abroad or a bit less?

EUSS application is free, so I would encourage you to apply and explain the situation once time comes.

Also note that (at least per current rules) you may not be able to get settled status at all, if refused - as you were absent in 2023, you only have 2 years until 2025 + 2 more years of automatic extension - not equal to five years.

If you get pre-settled status, you can usually switch to settled status after you’ve lived in the UK for 5 years in a row.

More than likely either your absence will be disregarded or rules will change, but that's something to keep in mind.

Thank you so much for your response, it is very helpful. Yes the work overseas contract was exactly a year. ..

Would it be better to apply for another pre settled status via a spouse visa, to be safe on my stay extension in the UK? I hoped to do so if this makes sense (I.e. unsure if I am not allowed to go with the spouse visa for another pre settled status, in case that I am considered as breaking the continuous residence during my pre settled status via EUSS) thank you

Peace224 wrote: ↑

Fri Mar 01, 2024 2:27 pm

Thank you so much for your response, it is very helpful. Yes the work overseas contract was exactly a year. ..

Would it be better to apply for another pre settled status via a spouse visa, to be safe on my stay extension in the UK? I hoped to do so if this makes sense (I.e. unsure if I am not allowed to go with the spouse visa for another pre settled status, in case that I am considered as breaking the continuous residence during my pre settled status via EUSS) thank you

Technically you can switch to spouse visa, but I wouldn't recommend it.

These are two different ways to get to settlement - EUSS is one and spouse visa is another. Simply put, if you get a visa based on spouse route, your path to settlement will start anew from the moment you got this visa - you'd need 5 years on spouse visa.

IMO the best option will be to wait till your 5 years are up and apply - you'll most likely be getting 2 years' extension if you don't qualify for settled status, during which you can work out your next steps; if you switch now, you'll lose all your years of residence.

Other members more familiar with EUSS (I'm looking at you @kamoe @alterhase58 ) may give better advice.

Thank you so much for your advice I feel relieved that my work overseas can be regarded as not breaking a continuous residence, hope the Home office can approve this when I explain it to them..

I was a bit confused when the EUSS help desk caller told me I broke the continuous residence because my employer is non British, but I could not see such clause in anywhere on the Home office website, so I was hoping if I could clarify on this (whether my work overseas could be considered as the exception)

As you kindly suggested, I will do my best continuing with the EUSS route, meanwhile if anyone else can also comment on my question, please feel free to do so,
Thank you again

I would agree with @meself2 - stay on EUSS and gain residency/settlement through that route. When you qualify the application is free.

Peace224 wrote: ↑

Fri Mar 01, 2024 3:25 pm

I was a bit confused when the EUSS help desk caller told me I broke the continuous residence because my employer is non British,

I am unsure that this is the case. As far as I know, HO outsources their call centers, so you're not talking to an actual HO employee (and people said there were cases of these people from call centers giving incorrect information). Don't focus on it too much.

alterhase58 wrote: ↑

Fri Mar 01, 2024 3:32 pm

I would agree with @meself2 - stay on EUSS and gain residency/settlement through that route. When you qualify the application is free.

Thank you so much

meself2 wrote: ↑

Fri Mar 01, 2024 3:57 pm

Peace224 wrote: ↑

Fri Mar 01, 2024 3:25 pm

I was a bit confused when the EUSS help desk caller told me I broke the continuous residence because my employer is non British,

I am unsure that this is the case. As far as I know, HO outsources their call centers, so you're not talking to an actual HO employee (and people said there were cases of these people from call centers giving incorrect information). Don't focus on it too much.

I see thank you so much for your help, have a beautiful day