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Settled status – Continuous residence

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

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alister89
Newly Registered
Posts: 2
Joined: Sun May 01, 2022 11:35 am
Portugal

Settled status – Continuous residence

Post by alister89 » Mon May 16, 2022 4:38 pm

Hi

My query about the “continuous residence” requirement in order to be eligible for EUSS settled status.

My wife moved to the UK in May 2021 on a EUSS family permit. She then applied for pre settled status which was granted in November 2021. Upon receiving her pre settled status she travelled overseas (in mid-November 2021) and has been outside the UK since then. I understand that she cannot spend more than 180 days in a 12-month rolling period if she is to meet the continuous residence criteria. However, I note that the home office will allow a longer absence of up to 12 months for an important reason and my wife would qualify for one of the reason the home office has mentioned as an important reason. The plan is for her to return to the UK in July/August 2022. However, she is planning on travelling overseas for a period of 2 -3 weeks in November - December 2022 due to some family commitments.

My question is whether her planned overseas travel in November - December 2022 (less than 6 months after returning to the UK) will result in her breaking her continuous residence.

Thank you very much in advance.

tree12345
Newly Registered
Posts: 9
Joined: Sat Jul 23, 2022 5:39 pm
Cyprus

Re: Settled status – Continuous residence

Post by tree12345 » Sat Jul 23, 2022 6:44 pm

If her explanation of the long absence has been accepted as an important reason, then that period will be regarded as residence in UK and should be disregarded when counting the absence. So all you need to do is to make sure:
1. Her long absence must be accepted as absence for an important reason.
2. Having ignored this long absence caused by an important reason, she hasn't been absent in UK for more than 6 months in any 12-month period.

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