INTERESTING CASE - PRESETTLED EXPIRATION

shabak · Post by **shabak** » Sat Mar 12, 2022 7:20 pm

Hello - I have put it in wrong forum, so I repeat it here:
I have kind of interesting case (that may be applied to others in the future):
1. A person has pre-settled till 2024 MAY
2. A person goes away till 2023, NOVEMBER to other country, being 1.5 years outside UK
3. A person comes back in February 2024 to UK
4. A person will soon have its pre-settled status expired, settled status not possible to get as rule of 5 years of residency is not fulfilled
5. A person has been working as consultant since 2019, a person has LTD company in UK still used, even more - LTD Company was used during this 1.5 years being outside UK - and paid taxes.

What are the options for a person?

Post by **alterhase58** » Sat Mar 12, 2022 9:58 pm

Apply for settled status - if you don't qualify for full settled status you stay on pre-settled, if I understand correctly.
Note that your earnings/taxes are not relevant for settled status, it's residency based. Others may comment further.

shabak · Post by **shabak** » Sat Mar 12, 2022 10:26 pm

I understood that pre-settled was granted only once, and then u could switch it to settled. SO when presettled expires, they check if u can qualify to settled if not - kick or find job with visa.
If an individual breaks their continuous residence in the UK after 31 December 2020, they will be refused Settled Status. If they cannot successfully challenge that decision, or apply for a different type of visa, they will be required to leave the UK once their pre-Settled Status expires.

Post by **kamoe** » Sun Mar 13, 2022 1:56 pm

shabak wrote: ↑
Sat Mar 12, 2022 7:20 pm
Hello - I have put it in wrong forum, so I repeat it here:
I have kind of interesting case (that may be applied to others in the future):
1. A person has pre-settled till 2024 MAY
2. A person goes away till 2023, NOVEMBER to other country, being 1.5 years outside UK
3. A person comes back in February 2024 to UK
4. A person will soon have its pre-settled status expired, settled status not possible to get as rule of 5 years of residency is not fulfilled
5. A person has been working as consultant since 2019, a person has LTD company in UK still used, even more - LTD Company was used during this 1.5 years being outside UK - and paid taxes.

What are the options for a person?

1. On what basis does the person have pre settled status?
2. When did their 5-year residence start?

Note that having pre settled status until may 2024 doesn't mean they qualify for Settled status only until then. That's just the 5-year anniversary of the granting of pre-settled status, which is different. They might qualify sooner, hence why question no. 2 is important.

If th person willingly breaks their 5-year residence period without a special reason, they pretty much give up on settled status. The option is not to leave at all until settled status is acquired.

shabak · Post by **shabak** » Sun Mar 13, 2022 3:01 pm

1. On what basis does the person have pre settled status?
On basis that it was working in UK since 2017, and got it granted in 2019
2. When did their 5-year residence start?
Person has only few months to get 5 years residence, but it may have to go to other EU country for work, hence 5th year may not get counted and only 4 full years may verified. Person may have situation as described: 4 full years of residence, 1 year outside UK, 2023 person may be back and live in 2023 (6 months or less, and in 2024 - in MAY presettled status expires). That means 5th year may never get counted due to the technicalities.

Post by **kamoe** » Sun Mar 13, 2022 3:25 pm

How much is "a few months"?

It would be completely stupid to break the 5-year qualifying period just before completing it. Any reasonable job offer and professional organization can negotiate a few months' notice period.

Again, willingly breaking the qualifying period without a special reason (just taking up a new job abroad is NOT a special reason) would amount to renounce settled status forever.

shabak · Post by **shabak** » Tue Mar 15, 2022 1:55 pm

I agree - few months is like 2.5 ? Literally 80 days in general. I understand that lets say on 30th June, when I will have 180 days I will be able to get it straight away? I applied for earlier settled status but these guys are very very slow with responding...

shabak · Post by **shabak** » Tue Mar 15, 2022 2:30 pm

I also read its during 12 months period not calendar year - correct?
01 Jan - 01 May 2022 (120 days)
01 May - 01 July 2022 (outside: 61 days)
01 July 2022 - 01 May 2023 (304 days)
2022:
In:
01/Jan - 01/May 2022: 120
01/July - 30/Dec 2022: 182
Total in 2022: 302 days , 2022 counted in, 180 days minimum required and it is 302 days.
2023:
01 Jan 2023 - 01 May 2023:
Total: Result: 120 days
If person will not be back in 2023: 2023 will not count.
I expect this calculations to be correct.

shabak · Post by **shabak** » Tue Mar 15, 2022 4:44 pm

I also wonder if these years must be consecutive?
like lets say u need only 1 more year - so in 2018-2022 u had 4 years, then to get 5th one u need 180 days, but in 2022 u left, can u come in 2023 and get it counted as 5th year even when 2022 u were outside (for less then a year), so 2018, 2019, 2020, 2021 - checked, 2022 - not, 2023 - yes (will 2023 count as 5th year if in 2022 a person was outside UK no more then lets say 8 months , still 2022 would be less then 180 days so it cant be counted as 5th year).

Post by **kamoe** » Tue Mar 15, 2022 8:04 pm

You already have an answer. You need to complete 5 consecutive years to qualify for Settled Status. There is no "early settled status". You will get it when you complete the 5 years, not before.

If you leave the UK for more than 6 consecutive months before you complete the 5 years, you renounce your right to settled status.

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INTERESTING CASE - PRESETTLED EXPIRATION

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