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Out of UK for more than year with settled status: Please help

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

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aka47
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Out of UK for more than year with settled status: Please help

Post by aka47 » Mon Jun 13, 2022 3:47 pm

Hi All,

Need your guidance please:

I have settled status issued to me and I travelled out of UK for a religious function in 2020.
Then I stayed back because of covid and health reasons.
I understand that with settled status, you can stay out of UK without losing the status for 5 years :

https://www.gov.uk/settled-status-eu-ci ... r%20status.

However I also see that one should apply for returning citizen visa if you stayed for more than 2 years outside:
https://www.gov.uk/returning-resident-v ... 20years%20(Returning,for%20a%20Returning%20Resident%20visa.

from the site:
"If you were away for more than 2 years (Returning Resident visa)
You lose your indefinite leave to remain if you’ve been outside the UK for 2 or more continuous years.

You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.
"
I wanted know does that me I have to apply for returning resident visa if I stay out for more than 2 continuous years with settled status?

Please help to understand.

Thank you very much !

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alterhase58
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Re: Out of UK for more than year with settled status: Please help

Post by alterhase58 » Mon Jun 13, 2022 4:27 pm

Returning Resident visa applies only to persons who have ILR under UK Immingration regulations - doesn't apply to ILR under EU Settled Status, no returning visa required at all, even after five years. Note if you exceed the five years absent there isn't the option of a returning resident visa, youwould have to start your UK immigration history from zero, i.e. work visa, etc.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

aka47
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Joined: Mon Jun 13, 2022 3:01 pm

Re: Out of UK for more than year with settled status: Please help

Post by aka47 » Mon Jun 13, 2022 5:46 pm

Thank you for the reply !

Does that mean I can return after 2 years (before 5 years) with the settled status and EU passport?

Currently I am in a situation where my family member in my country of origin needs my support which is holding me from returning.

Thanks !

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alterhase58
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Re: Out of UK for more than year with settled status: Please help

Post by alterhase58 » Mon Jun 13, 2022 6:53 pm

aka47 wrote:
Mon Jun 13, 2022 5:46 pm
Does that mean I can return after 2 years (before 5 years) with the settled status and EU passport?
That's what I tried to explain, you can certainly return anytime before the five years maximum allowed. There is nothing you need to apply for.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

secret.simon
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Re: Out of UK for more than year with settled status: Please help

Post by secret.simon » Tue Jun 14, 2022 9:04 am

Just double-check that you have Settled Status and not Pre-Settled Status. The application and documentation is the same for both, but the outcome, and consequently how long you can remain outside the UK, can be very different.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

aka47
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Re: Out of UK for more than year with settled status: Please help

Post by aka47 » Tue Jun 14, 2022 10:00 am

Thanks for your replies.

@secret.simon, Sure. I have settled status. I have the confirmation email as well as can verify it on the site.

Thanks !

secret.simon
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Re: Out of UK for more than year with settled status: Please help

Post by secret.simon » Tue Jun 14, 2022 10:09 am

In that case, you can be absent from the UK for up to five continuous years without losing that status.

Keep in mind that if you plan for naturalising as a British citizen at a future date, the rules for absences and physical presence for that application are much stricter and you may want to factor your absences in that light.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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