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How long have you been out of the UK? Last month you said you were a Danish Citizen living in Pakistan with your mum and that you and your mum wanted to join your British citizen sister.k229MM3 wrote: ↑Tue Jan 19, 2021 8:50 amWhen you apply for settlement status does the home office check with the border agency your entry and exits into the UK?
I did not hand copies of entry/exit stamps from passport nor any boarding cards etc
I was out with of the country more then i should been but my girlfriend continued using my debit card, paying my bills etc
Will I get away with it?
The Home Office only effectively cares about your NI contributions, and checks if there have been gaps. If there are no gaps in your NI contributions, then as far as the Home Office is concerned, you have not left the UK.k229MM3 wrote: ↑Tue Jan 19, 2021 11:09 amI have been in and out of the UK for the 5 years, working etc. Only problem I have spent more time out of the UK then I am allowed.
The paper work I have submitted includes bank statements, utility bills, council tax, NI contributions, payslips etc
But I know on 2 occasions I was out of the country more then 6 months in the last 5 years. My girlfriend continued living in the property, paying the bills and using my debit card.
Will the immigration officer assess my application for settlement status find out about my absences?
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-meanskamoe wrote: ↑Tue Jan 19, 2021 12:27 pmThe Home Office only effectively cares about your NI contributions, and checks if there have been gaps. If there are no gaps in your NI contributions, then as far as the Home Office is concerned, you have not left the UK.
For example:
If you have been employed for a UK company throughout the 5 years, have worked remotely from outside the UK for some months, but you have not interrupted NI contributions while you have been working remotely, then as far as the Home Office is concerned you have never left the UK.
If you have been self-employed, have been away for some months, but you have not interrupted your NI contributions, then as far as the Home Office is concerned you have never left the UK.
Only if you have stopped NI contributions for more than 6 months, then as far as the Home Office is concerned you might have left the UK. This will be picked up and you will be asked to submit more documents to prove you have been inside the UK during this time (which you can only do if you have indeed been inside the UK during this time).
They do not check, as they do not care about, your actual physical entries and exists. All they care about is your actual economic contribution to the country.
Not sure what exact line you believe contradicts what I am saying, but to answer your question, yes, I am sure they do not check.JB007 wrote: ↑Tue Jan 19, 2021 12:50 pmAre you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
In other words, if automated checks based on NI do not signal a potential gap or absence, then it's a default 'yes'; and no further proof like physical entries or exits is required.If you arrived in the UK before 31 December 2020, you can give your National Insurance number to allow an automated check of your residence based on tax and certain benefit records.
If this check is successful, you’ll not need to provide any documents as proof of residence. You’ll only need to provide documents if you have been here for 5 years in a row but there is not enough data to confirm this.
JB007 wrote: ↑Tue Jan 19, 2021 12:50 pmAre you sure? https://www.gov.uk/settled-status-eu-ci ... atus-meanskamoe wrote: ↑Tue Jan 19, 2021 12:27 pmThe Home Office only effectively cares about your NI contributions, and checks if there have been gaps. If there are no gaps in your NI contributions, then as far as the Home Office is concerned, you have not left the UK.
For example:
If you have been employed for a UK company throughout the 5 years, have worked remotely from outside the UK for some months, but you have not interrupted NI contributions while you have been working remotely, then as far as the Home Office is concerned you have never left the UK.
If you have been self-employed, have been away for some months, but you have not interrupted your NI contributions, then as far as the Home Office is concerned you have never left the UK.
Only if you have stopped NI contributions for more than 6 months, then as far as the Home Office is concerned you might have left the UK. This will be picked up and you will be asked to submit more documents to prove you have been inside the UK during this time (which you can only do if you have indeed been inside the UK during this time).
They do not check, as they do not care about, your actual physical entries and exists. All they care about is your actual economic contribution to the country.
This bit on what "continuous residence" means.kamoe wrote: ↑Tue Jan 19, 2021 1:23 pmNot sure what exact line you believe contradicts what I am saying,JB007 wrote: ↑Tue Jan 19, 2021 12:50 pmAre you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
Oh OK, definition-wise, yes. You should have asked what I was sure about. I was sure about no checks on physical presence, not on what the definition of continuous residence was. That I agree on.JB007 wrote: ↑Tue Jan 19, 2021 2:42 pmThis bit on what "continuous residence" means.kamoe wrote: ↑Tue Jan 19, 2021 1:23 pmNot sure what exact line you believe contradicts what I am saying,JB007 wrote: ↑Tue Jan 19, 2021 12:50 pmAre you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
You’ll usually get settled status if you’ve lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period.
Does this mean you have already applied? If so, what status did the application offer you? This will give you a clue.
They check national records to verify your economic activity, that's all. In that sense, an absence check is a check for periods where you did not contribute to tax and NI. Nothing to do with non-physical presence in the UK (providing a GP appointment will prove you were in the UK, not providing it will not prove you were not in the UK), nothing to do with entries or exits. That is what I have been trying to explain in my comments above.Will the immigration officer assess my application for settlement status find out about my absences?
To the OP: Does this mean you have already applied?The paper work I have submitted includes bank statements, utility bills, council tax, NI contributions, payslips etc
It''s seems to be quite clear from the gov.uk link above, what "continuous residence" is for Settled Status. Wouldn't you agree?kamoe wrote: ↑Tue Jan 19, 2021 3:16 pmOh OK, definition-wise, yes. You should have asked what I was sure about. I was sure about no checks on physical presence, not on what the definition of continuous residence was. That I agree on.JB007 wrote: ↑Tue Jan 19, 2021 2:42 pmThis bit on what "continuous residence" means.kamoe wrote: ↑Tue Jan 19, 2021 1:23 pmNot sure what exact line you believe contradicts what I am saying,JB007 wrote: ↑Tue Jan 19, 2021 12:50 pmAre you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
You’ll usually get settled status if you’ve lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period.
But that is not the OPs question, is it? Their question is: Will I get away with more than 6 months of absence? Answer is, provided they do not have 6 months of gaps on their NINO records, then yes, they will get away with it. There is a difference between definition and what actual checks are done, and for that I provided due reference that confirms that if NINO records don't show gaps, then no further checks are conducted.
Hence my comment on the general relaxed approach to checks for different EUSS statuses, which leads me to think that absences are tolerated as long as you keep contributing to the economy.
You are free to go and tell the Home Office that they are not being consistent with their own definitions when applying the checks to determine if someone has been a continuous resident. I won't argue thatJB007 wrote: ↑Tue Jan 19, 2021 4:27 pmIt''s seems to be quite clear from the gov.uk link above, what "continuous residence" is for Settled Status. Wouldn't you agree?
You’ll usually get settled status if you’ve lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period.
https://www.gov.uk/settled-status-eu-ci ... atus-means
Residency for tax purposes, is different.
https://community.hmrc.gov.uk/forums/cu ... 155d975322
Any EU citizen who spent a second in the UK before 31st December 2020 can get Pre-Settled status if applied within a month of their UK entry.
Not a black and white answer. If they left the UK (and by that I mean if they stopped tax and NI contributions) without ever applying to the EU Settlement Scheme, and they did not come back before Dec 31st 2020, then they might face issues.Or could he apply form Pakistan now that he has said that he worked in the UK before?
Is it just the checks on what the applicant claims? Or is the applicant using deception?kamoe wrote: ↑Tue Jan 19, 2021 4:32 pmYou are free to go and tell the Home Office that they are not being consistent with their own definitions when applying the checks to determine if someone has been a continuous resident. I won't argue thatJB007 wrote: ↑Tue Jan 19, 2021 4:27 pmIt''s seems to be quite clear from the gov.uk link above, what "continuous residence" is for Settled Status. Wouldn't you agree?
You’ll usually get settled status if you’ve lived in the UK for a continuous 5-year period (known as ‘continuous residence’)
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period.
https://www.gov.uk/settled-status-eu-ci ... atus-means
Residency for tax purposes, is different.
https://community.hmrc.gov.uk/forums/cu ... 155d975322
Valid point. If it is the case that you have to tick a box stating that you have continuously resided in the UK for more than 5 years, and next to that statement is an unambiguous definition of what continuous residence is, then I agree this is problematic if the applicant intentionally ticks it while this not being the case. This will definitely be along the lines of applications for dependent parents, in which dependency is assumed. One will never be asked to prove this, but has to tick a box declaring the parent is dependent on the EU citizen.JB007 wrote: ↑Tue Jan 19, 2021 4:57 pmIs it just the checks on what the applicant claims? Or is the applicant using deception?
Applying for settled or pre-settled status
You'll be asked if you've lived in the UK for 5 years of more, or less than 5 years. If you choose 5 years or more, you're applying for settled status. If you choose less than 5 years, you're applying for pre-settled status.
https://www.citizensadvice.org.uk/immig ... ed-status/