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Bringing non EU spouse back to the UK

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

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Mooked
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Bringing non EU spouse back to the UK

Post by Mooked » Fri Feb 26, 2021 5:05 pm

Hello everyone!

I've got a question that I've been able to find surprisingly little info on out there, so I thought someone here might be able to help me with this.

I (a EU citizen) am married to my wife (a non EU citizen). We both currently live in London. While I currently have pre-settled status and will have settled status soon (in about 2 years), she only got her pre-settled status late last year, and therefore still has 4.5 years to go before she receives settled status.

Now on to my actual question: It is my understanding that as soon as I receive my settled status I will be able to come and go out of the country as I please without losing it (so long as my absences are no longer than 5 years at a time).

But what about her? Would we be able to leave for a longer time (let's say two years) and then bring her back as my spouse? Or would the fact that she previously held pre-settled status but lost it due to a lengthy absence disqualify her from coming back?

Also am I correct when saying I won't lose my settled status as long as I visit the country regularly? To be honest I do miss the continent a bit and would like to pursue some professional ventures there, but would like to be able to return to the UK in the medium / long term.

Many thanks to anyone that helps!

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Zerubbabel
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Re: Bringing non EU spouse back to the UK

Post by Zerubbabel » Fri Feb 26, 2021 8:55 pm

Hello

Read this please:
https://www.freemovement.org.uk/lengthy ... s-at-risk/

If she loses her pre-settled status, she needs to apply for a spouse visa under any conditions available at the moment. The pre-settled status lost is lost forever as the scheme will soon close to new entrants (unless the sponsor is a Swiss national).

Long absences affect the ability to progress to settled status and apply for citizenship if this is projected.

kamoe
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Re: Bringing non EU spouse back to the UK

Post by kamoe » Fri Feb 26, 2021 9:42 pm

Mooked wrote:
Fri Feb 26, 2021 5:05 pm
will have settled status soon (in about 2 years)
Considering one needs to complete 5 years for it, 2 years is not soon. It's about half the waiting time...
Now on to my actual question: It is my understanding that as soon as I receive my settled status I will be able to come and go out of the country as I please without losing it (so long as my absences are no longer than 5 years at a time).
If you go away for, say, four and a half years, and come back, and genuinely reside, live and work in the UK for one year or two; and keep doing the same thing over and over, that's probably fine. But if you come back for just a weekend every time... then that probably won't work.

I say this based on the criteria they use to asses continuous residence: they want to see people paying taxes and national insurance, that's what counts. If you "come back" but are only on holiday without contributing at a fiscal level, then... I don't think that really counts.

So not really "come and go as you please". For that kind of freedom you would need to be a British Citizen.
But what about her? Would we be able to leave for a longer time (let's say two years) and then bring her back as my spouse?
After two years, as @Zerubbabel said, yes, but outside of EU routes, not the EU Settlement Scheme, since the deadline would have passed. You would sponsor your wife under the the more expensive and restricted routes, the ones with health surcharge, salary requirements, and expensive application fees.
Or would the fact that she previously held pre-settled status but lost it due to a lengthy absence disqualify her from coming back?
Losing her status would put her in the same position as someone who never had it. No advantage or disadvantage. She won't get "disqualified and locked out", but she would just need to start from scratch as an immigrant from any other country (not EU).
Also am I correct when saying I won't lose my settled status as long as I visit the country regularly?
Not quite, as explained above. Weekend visits probably won't cut it unless you have British Citizenship.
To be honest I do miss the continent a bit and would like to pursue some professional ventures there, but would like to be able to return to the UK in the medium / long term.
Probably none of my business and I apologize but... you have been here less than five years and are already planning your departure? Are you sure you want to get Settled Status? Why not move straight away to the continental country of your preference? Much more kinder to your wife, who would probably need to start from scratch on every move (depending on your nationalities, of course).
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
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Re: Bringing non EU spouse back to the UK

Post by kamoe » Fri Feb 26, 2021 10:20 pm

But if you want best of both worlds, as a EU national, the only way is to never leave. Your legal and taxable residence stays in the UK, with frequent visits to the continent. Not the other way around.
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.

Mooked
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Re: Bringing non EU spouse back to the UK

Post by Mooked » Sat Feb 27, 2021 3:39 pm

Zerubbabel wrote:
Fri Feb 26, 2021 8:55 pm
Hello

Read this please:
https://www.freemovement.org.uk/lengthy ... s-at-risk/

If she loses her pre-settled status, she needs to apply for a spouse visa under any conditions available at the moment. The pre-settled status lost is lost forever as the scheme will soon close to new entrants (unless the sponsor is a Swiss national).

Long absences affect the ability to progress to settled status and apply for citizenship if this is projected.
Thank you very much, that is very clear and appreciated! To be honest it sounds like it won't be as straightforward as one would think... I'll give this a good thought!

Mooked
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Re: Bringing non EU spouse back to the UK

Post by Mooked » Sat Feb 27, 2021 4:59 pm

kamoe wrote:
Fri Feb 26, 2021 9:42 pm
Mooked wrote:
Fri Feb 26, 2021 5:05 pm
will have settled status soon (in about 2 years)
Considering one needs to complete 5 years for it, 2 years is not soon. It's about half the waiting time...
Now on to my actual question: It is my understanding that as soon as I receive my settled status I will be able to come and go out of the country as I please without losing it (so long as my absences are no longer than 5 years at a time).
If you go away for, say, four and a half years, and come back, and genuinely reside, live and work in the UK for one year or two; and keep doing the same thing over and over, that's probably fine. But if you come back for just a weekend every time... then that probably won't work.

I say this based on the criteria they use to asses continuous residence: they want to see people paying taxes and national insurance, that's what counts. If you "come back" but are only on holiday without contributing at a fiscal level, then... I don't think that really counts.

So not really "come and go as you please". For that kind of freedom you would need to be a British Citizen.
But what about her? Would we be able to leave for a longer time (let's say two years) and then bring her back as my spouse?
After two years, as @Zerubbabel said, yes, but outside of EU routes, not the EU Settlement Scheme, since the deadline would have passed. You would sponsor your wife under the the more expensive and restricted routes, the ones with health surcharge, salary requirements, and expensive application fees.
Or would the fact that she previously held pre-settled status but lost it due to a lengthy absence disqualify her from coming back?
Losing her status would put her in the same position as someone who never had it. No advantage or disadvantage. She won't get "disqualified and locked out", but she would just need to start from scratch as an immigrant from any other country (not EU).
Also am I correct when saying I won't lose my settled status as long as I visit the country regularly?
Not quite, as explained above. Weekend visits probably won't cut it unless you have British Citizenship.
To be honest I do miss the continent a bit and would like to pursue some professional ventures there, but would like to be able to return to the UK in the medium / long term.
Probably none of my business and I apologize but... you have been here less than five years and are already planning your departure? Are you sure you want to get Settled Status? Why not move straight away to the continental country of your preference? Much more kinder to your wife, who would probably need to start from scratch on every move (depending on your nationalities, of course).
Omg thank you very much for this clear, thorough and structured answer! I really appreciate it, honestly!!

Just to get back to you on some of the points you mentioned (for no specific reason really, but the least I can do is give you some context to this after you took the time out of your day to respond to me)
kamoe wrote:
Fri Feb 26, 2021 9:42 pm
Considering one needs to complete 5 years for it, 2 years is not soon. It's about half the waiting time...
True. The reason why I am already asking about this is at this stage because the answer will influence the next steps of me and my wife (e.g. stay in the UK until we attain settled status, go back to Europe, go somewhere entirely different).
Losing her status would put her in the same position as someone who never had it. No advantage or disadvantage. She won't get "disqualified and locked out", but she would just need to start from scratch as an immigrant from any other country (not EU).
Thank you!! This is exactly the kind of info I was looking for. Sounds like a bit of a pain but generally doable!

Anyway to give you some tangible context to my query: The reason why I am asking this is because to be honest I am sitting on the fence a bit. While I really love the UK and its people, the reality of things is I just don't see myself growing old here. This goes for both myself and my wife.

What we would really like to do at some point is to try and build a life for ourselves in Southern Europe (Spain). For your reference, I grew up in Spain and consider it to be my home, but I am also half German and so hold dual citizenship.

Now Spain being Spain, you don't really want to bank on this plan without a good plan B in case things go belly up - and that goes for life. While you can make a good living down there by playing your cards right and moving from job to job, things don't always go according to plan, and you might need to do some stints in other countries from time to time (if you want to have a good job, that is).

And that's where my issues are coming from. While if this was a purely economic thing I could just go and work in Northern Europe (I have worked in the Netherlands + Germany before) I just don't enjoy living in that corner of the world, and really like the UK. Therefore, I would like to keep that door open, and to be able to come back and work here as needed (so basically I wish Brexit just wasn't a thing, hah).

I guess the most obvious thing would be to go for British citizenship, yet at the same time that means I'd need to give up one of my other citizenships and that feels... Wrong. I wouldn't give up my Spanish citizenship because thats's home, and trading a German passport for a British one just feels like a bad investment these days. Who knows, maybe I'll wind up doing it for purely emotional reasons. Maybe I'll wait until I have settled status and then just leave (I'll always have five years to reconsider, I guess). Maybe I'll even go before then, but the truth is that feels like a bit much and I hate the irreversibility of it all - Like I said I do deeply appreciate this island and the people who inhabit it, after all.

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