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Yes. Actually, she can re-apply any time. Today, tomorrow, any time. The result is that her Pre-Settled status will be extended to 5 years from the day she is issued the new Pre-Settled status.
And then they effectively say that it's too late to re-apply if one returned after 31 Dec 2020:Mika is from Finland. He moved to the UK in March 2017 and was granted pre-settled status in March 2019. Mika therefore expects to qualify for settled status in March 2022.
In March 2020, Mika happens to be in Finland on a visit home and decides to ride out the coronavirus pandemic there. He eventually returns to the UK in November 2020. As Mika has been out of the UK for more than six months, he now can’t qualify for settled status until November 2025, after completing a continuous residence period of five years.
As he has been out of the UK for less than two years, he still has pre-settled status. But that pre-settled status will expire in March 2024, five years after it was granted. Mika can’t extend his existing pre-settled status beyond March 2024, so would be unable to reach November 2025. He therefore needs to reapply for pre-settled status when he returns to the UK in November 2020.
What do you think?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.
Interesting!!!
Fair enough. Speaking of official sources, I just noticed that gov.uk has added a subsection that addresses the issue:
Unfortunately for me, it looks like the above quotes from freemovement.org.uk were spot on: There seems to be no point to return after 31 December 2020 if the gap will be over 12 months.If you’ve left the UK
You may be able to get pre-settled status if you were living in the UK before 31 December but you were not here on that date. You must not have left the UK Channel Islands or the Isle of Man for more than 6 months in any 12 month period.
You may also be eligible if you were living in the UK by 31 December 2020, but you left the UK for one period of no more than 12 months for an important reason (for example childbirth, serious illness, study, vocational training or an overseas work posting). Your previous residence in the UK will count towards your eligibility for pre-settled status.
This seems to refer to first-time applications for Pre-Settled Status. There is nothing specific about re-applying after already having a Pre-Settled status and an absence that resets the clock but that does not result in the status lapsing (less than 2 years). Unfortunately it can be interpreted both ways.mulder wrote: ↑Wed Feb 03, 2021 10:43 amFair enough. Speaking of official sources, I just noticed that gov.uk has added a subsection that addresses the issue:
Unfortunately for me, it looks like the above quotes from freemovement.org.uk were spot on: There seems to be no point to return after 31 December 2020 if the gap will be over 12 months.If you’ve left the UK
You may be able to get pre-settled status if you were living in the UK before 31 December but you were not here on that date. You must not have left the UK Channel Islands or the Isle of Man for more than 6 months in any 12 month period.
You may also be eligible if you were living in the UK by 31 December 2020, but you left the UK for one period of no more than 12 months for an important reason (for example childbirth, serious illness, study, vocational training or an overseas work posting). Your previous residence in the UK will count towards your eligibility for pre-settled status.