Joining family member definition and reapplying for pre-settled status

sundee wrote: ↑

Mon Mar 01, 2021 2:00 pm

Hi all,
I was wondering if anyone can help me with a bit of unique situation. As per the definitions in Appendix EU, I am struggling to understand if 'joining family member definition' can also be applied to a non-EEA national with presettled status who has long absence over 12 months (Feb 2020 - present) so straddling both before and after 31 December 2020) due to the pandemic but their sponsoring EEA close family member has a settled status and is already in the UK i.e. well before 31 Dec 2020. Can the non-EEA national reapply for Pre-settled status and effectively reset the 5 year timeline to be able to apply for settled status down the line? I do know that this is not possible for EEA applicants but haven't seen anywhere where it states that that is the case for family members of EEA as well.
Happy to hear what your interpretations of these wordings are.
TIA
Dee

sundee wrote: ↑

Tue Mar 02, 2021 2:46 pm

Thank you both. I am aware that the status is valid until Nov 2024 but there will be a problem when applying for settled status in Nov 2024 as being absent for more than 12 months won't count towards required 5 year's continuous residence. So my question: is reapplying as joining family member an option for getting the settled status clock reset despite not being in the country before 31 Dec 2020?

Thanks
Dee

sundee wrote: ↑

Tue Mar 02, 2021 2:46 pm

I am aware that the status is valid until Nov 2024 but there will be a problem when applying for settled status in Nov 2024 as being absent for more than 12 months won't count towards required 5 year's continuous residence. So my question: is reapplying as joining family member an option for getting the settled status clock reset despite not being in the country before 31 Dec 2020?

Zerubbabel wrote: ↑

Tue Mar 02, 2021 5:11 pm

sundee wrote: ↑

Tue Mar 02, 2021 2:46 pm

Thank you both. I am aware that the status is valid until Nov 2024 but there will be a problem when applying for settled status in Nov 2024 as being absent for more than 12 months won't count towards required 5 year's continuous residence. So my question: is reapplying as joining family member an option for getting the settled status clock reset despite not being in the country before 31 Dec 2020?

Thanks
Dee

As far as I am aware, you can't apply for a status you have already just to reset the clock due to past absences. If after 5 years you have too many absences for the Settled status, they will give you a pre-settled again until you qualify for Settled.

kamoe wrote: ↑

Tue Mar 02, 2021 6:02 pm

sundee wrote: ↑

Tue Mar 02, 2021 2:46 pm

I am aware that the status is valid until Nov 2024 but there will be a problem when applying for settled status in Nov 2024 as being absent for more than 12 months won't count towards required 5 year's continuous residence. So my question: is reapplying as joining family member an option for getting the settled status clock reset despite not being in the country before 31 Dec 2020?

Your logic is flawed.

If you do nothing, your clock resets to the date you came back to the UK.

If you re-apply as "Joining Family Member" (assuming this is possible), your clock resets to whatever date they issue the new Pre-Settled Status, which can only be after the date you came back. So, an inferior status to just doing nothing.

sundee wrote: ↑

Thu Mar 04, 2021 11:28 am

Hi Kamoe,
Thank you for your response. My understanding was that the clock won't reset after 31 Dec 2020. Hence being a disadvantage for people who have long absence after that. They do have presettled status until the specified date but won't have chance to apply for settled status due to lack of 5 continuous years' residence.

(b) (where sub-paragraph (c) or (d) below does not apply)

The applicant was resident in the UK and Islands before the specified date, and:

(i) one of the events referred to in sub-paragraph (b)(i) or (b)(ii) in the definition of ‘continuous qualifying period’ in this table has occurred,

and after that event occurred they were not resident in the UK and Islands again before the specified date;

kamoe wrote: ↑

Thu Mar 04, 2021 11:52 am

sundee wrote: ↑

Thu Mar 04, 2021 11:28 am

Hi Kamoe,
Thank you for your response. My understanding was that the clock won't reset after 31 Dec 2020. Hence being a disadvantage for people who have long absence after that. They do have presettled status until the specified date but won't have chance to apply for settled status due to lack of 5 continuous years' residence.

But of course. You are absolutely right.

I think you just found the way for family members who break their continuous residence to be able come back as "joining family members"!

Take a look at the definition of "Joining Family Member" in: eea-route-applications/definitions-in-a ... l#p1990925

It says:

(b) (where sub-paragraph (c) or (d) below does not apply)

The applicant is not a child born after December 31st 2020.

The applicant was resident in the UK and Islands before the specified date, and:

The applicant lived in the UK at some point before December 31st 2020.

(i) one of the events referred to in sub-paragraph (b)(i) or (b)(ii) in the definition of ‘continuous qualifying period’ in this table has occurred,

The applicant broke their continuous residency period.

and after that event occurred they were not resident in the UK and Islands again before the specified date;

The applicant did not come back before December 31st 2020.

So I think that pretty much describe your situation.

Now, this is a way for family members to come back after December 31st 2020, provided their EU sponsor did not break their continuous residence themselves or came back before December 31st 2020. But this is NOT a way for EU nationals to come back if they broke their residence period and did not come back before December 31st 2020!

vinny wrote: ↑

Thu Mar 04, 2021 12:05 pm

See also Lengthy absences from the UK can put EU settled status at risk.