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Extension of pre-settled status with reapplying

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

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Allenmarkarian
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Extension of pre-settled status with reapplying

Post by Allenmarkarian » Tue Oct 19, 2021 9:00 am

Hi everyone,

First of all, thank you very much for all your inputs and for this great forum.

Does anyone knows or experienced if extension of pre-settled status is possible for non-ee and/or eu member?

Considering that continuous living started before 31.12.2020

I.e. soneone obtained pre-settled in 2019, can apply now once again to extend it for further 5 years, just in case?

Thank you!

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

Re: Extension of pre-settled status with reapplying

Post by kamoe » Tue Oct 19, 2021 10:24 am

Thanks for opening a new topic.

I'm going to ask the same question I asked you when you raised this in the previous thread, which I thought already addressed your question.

What does the person want to achieve? Is there anything preventing them from simply waiting for eligibility for Settled Status?
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.

Allenmarkarian
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Posts: 16
Joined: Wed Jan 27, 2021 12:37 pm

Re: Extension of pre-settled status with reapplying

Post by Allenmarkarian » Tue Oct 19, 2021 11:40 am

kamoe wrote:
Tue Oct 19, 2021 10:24 am
Thanks for opening a new topic.

I'm going to ask the same question I asked you when you raised this in the previous thread, which I thought already addressed your question.

What does the person want to achieve? Is there anything preventing them from simply waiting for eligibility for Settled Status?
Thanks Kamoe!

I was wondering for a couple(EU and non-eu), who will be leaving the UK and will come only for summer seasons to take up work. They dont intend to have settled status but before leaving the UK, they would like to have 5 years further pre-settled status

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

Re: Extension of pre-settled status with reapplying

Post by kamoe » Tue Oct 19, 2021 1:01 pm

.
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: Extension of pre-settled status with reapplying

Post by kamoe » Tue Oct 19, 2021 1:07 pm

All I can say is that nothing prevents anyone who already has Pre-Settled status from applying again. If they make a valid application and are still not eligible for Settled Status, then the evidence suggests that they will receive a new fresh pre-Settled Status, valid for a further 5 years. Again, I say this based from the information given in the caseworker guidance, not from personal experience so cannot personally confirm or guarantee what the outcome will be.

I think, everyone can agree that the most advantageous course of action that allows the most flexibility is to acquire Settled Status and then leave. Not the other way around. Because:

-Continuous residence period is broken with an absence of 6 months or more
-Pre-Settled Status is lost with an absence of 2 years of more

So I am not sure it is of any use to extend a Pre-Settled Status, only to break it after 6 months, after which, any attempt at Settled Status would be impossible.

I welcome any contrasting opinions on the matter, again, the above is only my interpretation.
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: Extension of pre-settled status with reapplying

Post by kamoe » Tue Oct 19, 2021 1:17 pm

kamoe wrote:
Tue Oct 19, 2021 1:07 pm
So I am not sure it is of any use to extend a Pre-Settled Status, only to break it after 6 months, after which, any attempt at Settled Status would be impossible.
For some reason am having some issues publishing my answers, the above is not my final opinion. :!:
I am aware the intent is not Settled Status, and as such, ignore the above.

I just wanted to add that as per the current rules it does seem possible, in theory, for someone with Pre-Settled status to leave the UK and come back every year for summer work, but there is no guarantee this won't change in the near future. I would not be surprised if the Home Office starts adding rules regarding continuous, substantial, and systematic absences and how that might have an impact in pre-Settled status in a couple of year's time.
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.

Allenmarkarian
Newly Registered
Posts: 16
Joined: Wed Jan 27, 2021 12:37 pm

Re: Extension of pre-settled status with reapplying

Post by Allenmarkarian » Fri Oct 22, 2021 8:22 pm

kamoe wrote:
Tue Oct 19, 2021 1:17 pm
kamoe wrote:
Tue Oct 19, 2021 1:07 pm
So I am not sure it is of any use to extend a Pre-Settled Status, only to break it after 6 months, after which, any attempt at Settled Status would be impossible.
For some reason am having some issues publishing my answers, the above is not my final opinion. :!:
I am aware the intent is not Settled Status, and as such, ignore the above.

I just wanted to add that as per the current rules it does seem possible, in theory, for someone with Pre-Settled status to leave the UK and come back every year for summer work, but there is no guarantee this won't change in the near future. I would not be surprised if the Home Office starts adding rules regarding continuous, substantial, and systematic absences and how that might have an impact in pre-Settled status in a couple of year's time.
Many thnaks Kamoe!
I was wondering if any of our valuent moderators or members would be able to contribute or add their opinons
Thank you very much in advance

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