ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Settlement status application to query

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
k229MM3
Newly Registered
Posts: 6
Joined: Fri Dec 18, 2020 9:30 am
Denmark

Settlement status application to query

Post by k229MM3 » Tue Jan 19, 2021 8:50 am

When 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?

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Settlement status application to query

Post by JB007 » Tue Jan 19, 2021 10:29 am

k229MM3 wrote:
Tue Jan 19, 2021 8:50 am
When 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?
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.
eea-route-applications/help-how-to-get- ... l#p1972765

k229MM3
Newly Registered
Posts: 6
Joined: Fri Dec 18, 2020 9:30 am
Denmark

Re: Settlement status application to query

Post by k229MM3 » Tue Jan 19, 2021 11:09 am

The option of getting my sister to apply for a family visa for our mum is not an option her husband does not want to help.

I 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?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 12:27 pm

k229MM3 wrote:
Tue Jan 19, 2021 11:09 am
I 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?
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.

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.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Settlement status application to query

Post by JB007 » Tue Jan 19, 2021 12:50 pm

kamoe wrote:
Tue Jan 19, 2021 12:27 pm
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.

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.
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 1:23 pm

JB007 wrote:
Tue Jan 19, 2021 12:50 pm
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
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.

Yes: https://www.gov.uk/settled-status-eu-ci ... d-to-apply
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.
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.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 1:35 pm

I see this as a consistent relaxed approach to checking qualifying criteria in the EUSS: One thing is the criteria, a different story is how they verify it (or how obscure the real definition of that criteria is?).

Dependency is assumed, no financial proof is needed to issue EUSS status to parents of EU nationals.

Residency is assumed, no proof of substantial real residence is needed beyond plane ticket and boarding pass, to issue Pre-Settled Status to EU nationals.

Continuous residency is assumed, and no proof of physical presence is needed beyond no gaps in NI for 5 years, to issue EUSS Settled Status to EU nationals.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Settlement status application to query

Post by JB007 » Tue Jan 19, 2021 2:42 pm

JB007 wrote:
Tue Jan 19, 2021 12:50 pm
kamoe wrote:
Tue Jan 19, 2021 12:27 pm
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.

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.
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means

kamoe wrote:
Tue Jan 19, 2021 1:23 pm
JB007 wrote:
Tue Jan 19, 2021 12:50 pm
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
Not sure what exact line you believe contradicts what I am saying,
This bit on what "continuous residence" 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.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 3:16 pm

JB007 wrote:
Tue Jan 19, 2021 2:42 pm
kamoe wrote:
Tue Jan 19, 2021 1:23 pm
JB007 wrote:
Tue Jan 19, 2021 12:50 pm
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
Not sure what exact line you believe contradicts what I am saying,
This bit on what "continuous residence" 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.
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.

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.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 3:42 pm

But bottomline, it is important to focus on the OPs case:
k229MM3 wrote:
Tue Jan 19, 2021 11:09 am
I 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.
Does this mean you have already applied? If so, what status did the application offer you? This will give you a clue.

If it offered you Settled Status then they will not ask you for more (and really you didn't need to submit any more documents). If it offered you Pre-Settled Status and asked you for more documents specifically, then this means their checks found gaps in your NINO, and in this case it is harder to justify your absences.
Will the immigration officer assess my application for settlement status find out about my absences?
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.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 3:55 pm

Sorry, the OP quote I was referring to in relation to his application bing already submitted is this:
The paper work I have submitted includes bank statements, utility bills, council tax, NI contributions, payslips etc
To the OP: Does this mean you have already applied?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Settlement status application to query

Post by JB007 » Tue Jan 19, 2021 4:27 pm

kamoe wrote:
Tue Jan 19, 2021 3:16 pm
JB007 wrote:
Tue Jan 19, 2021 2:42 pm
kamoe wrote:
Tue Jan 19, 2021 1:23 pm
JB007 wrote:
Tue Jan 19, 2021 12:50 pm
Are you sure? https://www.gov.uk/settled-status-eu-ci ... atus-means
Not sure what exact line you believe contradicts what I am saying,
This bit on what "continuous residence" 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.
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.

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.
It''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

Does anyone else remember the Tier 1 (General) problems with HMRC/HO, when these thought they could get away with it, until the HO worked out what they were doing?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 4:32 pm

JB007 wrote:
Tue Jan 19, 2021 4:27 pm
It''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
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 that :)
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Settlement status application to query

Post by JB007 » Tue Jan 19, 2021 4:40 pm

From your answers on the OPs other thread, it seems as long as he arrived in the UK by 31 December 2020, he could get pre-settled status? Or could he apply form Pakistan now that he has said that he worked in the UK before?

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 4:49 pm

JB007 wrote:
Tue Jan 19, 2021 4:40 pm
From your answers on the OPs other thread, it seems as long as he arrived in the UK by 31 December 2020, he could get pre-settled status?
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.
Or could he apply form Pakistan now that he has said that he worked in the UK before?
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.

But I am really confused about the OP's timeline. I think best is to let them give us more information before speculating any more.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

JB007
- thin ice -
Posts: 1745
Joined: Sun Jan 20, 2019 2:14 pm

Re: Settlement status application to query

Post by JB007 » Tue Jan 19, 2021 4:57 pm

kamoe wrote:
Tue Jan 19, 2021 4:32 pm
JB007 wrote:
Tue Jan 19, 2021 4:27 pm
It''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
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 that :)
Is 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/

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 10:57 am

Re: Settlement status application to query

Post by kamoe » Tue Jan 19, 2021 5:25 pm

JB007 wrote:
Tue Jan 19, 2021 4:57 pm
Is 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/
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.

Material for a long discussion, maybe worth its own topic?
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

Locked
cron