Pre Settled Status and Absence Restrictions Query

Please see below my query with regards to my future application for indefinite leave to remain.

Currently I hold an EU Residence Card which is valid until 03-06-2022, this was issued on the basis of me being married to an Irish citizen who lives in the UK.

I also applied for pre-settlement status which I have been granted until 03/2024.

As I have been living in the UK for close to 3 years, I would normally be applying for indefinite leave to remain in two years time. However, I have been away from the UK now since 16/09/19 as my husband was offered a job abroad for a year.

I have also recently learnt that there is a limit to time away from the UK when applying for indefinite leave to remain. Online it says that this is a maximum of 180 days in any 12 month period. I am currently on day 170 of being out of the UK in the last 12 months, which would mean that I would lose the accumulated 3 years until now for my application of ILR should I stay abroad until May (when we intend to go back!).

However, I have also read that this rule does not apply to applicants who are seeking indefinite leave to remain as a spouse of a settled person.

I just wondered if you could please offer some clarification on my specific circumstances. If I would like to apply for indefinite leave to remain in two years, should I be heading back to the UK now? Or will my absence not be taken into account for the application?

You do not qualify for ilr on form set m as you do not hold a qualifying visa, ie spouse settlement visa under appendix FM rules. This is completely different and separate to pre settled status granted under appendix EU.

If you apply on set m, it will be refused.

You will have to apply for settled status when you qualify.

Thanks for your answer. I was under the impression that after 5 years on my EU resident card, I would be able to apply for indefinite leave to remain. I do not qualify yet as I've only done three years. Is this what you mean when you say I won't qualify? Is settled status not the same as indefinite leave to remain? And does this kind of residency have any absence restrictions attached to it? Thanks

Thanks for your answer. I was under the impression that after 5 years on my EU resident card, I would be able to apply for indefinite leave to remain.

Yes, for Settled Status under Appendix EU and NOT for Indefinite Leave to Remain on form SET(M) under Appendix FM as you do not hold a spouse visa issued under Appendix EU (which has many mandatory requirements and a huge cost).

I do not qualify yet as I've only done three years. Is this what you mean when you say I won't qualify?

ILR/Settlement under any route requires 5 years residence.

Is settled status not the same as indefinite leave to remain?

Yes, it is the same thing but different routes have different rules and different requirements. It is not a one size fits all approach at all.

And does this kind of residency have any absence restrictions attached to it?

I will move your topic to the EEA forum where you would likely get more relevant advise regarding your Appendex EU route than the ILR sub forum.