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How long can a Settled Status holder be away from the UK and heep their status?

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

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rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

How long can a Settled Status holder be away from the UK and heep their status?

Post by rooibos » Sun May 12, 2019 7:03 pm

If one is granted EU Settled Status,
  1. How long can they absent from the UK?

    Is it 2 or 5 years? I seem to remember that it would have been 5 years if Parliament had approved the W.A., which, as we all know, hasn't happened yet.

    However, on this page:
    https://www.gov.uk/settled-status-eu-ci ... atus-means

    I see:
    If you want to spend time outside the UK

    If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status.
    (Underlining mine)

    Is this statement to be taken at face value?
  2. How does the Home Office know that one has been away?
Many thanks in advance.

secret.simon
Moderator
Posts: 11025
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long can a Settled Status holder be away from the UK and heep their status?

Post by secret.simon » Sun May 12, 2019 8:14 pm

rooibos wrote:
Sun May 12, 2019 7:03 pm
How does the Home Office know that one has been away?
Most probably Advanced Passenger Information.
How your personal information is used within the Borders, Immigration and Citizenship System wrote:At the border, passenger name records data is retained for 5 years. Advance passenger information may be retained for 10 years.
Also, during subsequent applications to the Home Office (and possibly other government departments), you may be required to prove residence by means of government correspondence, by council tax statements, state pension statements, P60s, etc.
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.

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: How long can a Settled Status holder be away from the UK and heep their status?

Post by rooibos » Mon May 13, 2019 8:12 am

secret.simon wrote:
Sun May 12, 2019 8:14 pm
, during subsequent applications to the Home Office (and possibly other government departments), you may be required to prove residence by means of government correspondence, by council tax statements, state pension statements, P60s, etc.
Thanks.

What other applications to the HO would a EU citizen make, apart from, possibly, applying for citizenship?

And what about point 1?

Cheers.

secret.simon
Moderator
Posts: 11025
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long can a Settled Status holder be away from the UK and heep their status?

Post by secret.simon » Mon May 13, 2019 8:52 pm

rooibos wrote:
Mon May 13, 2019 8:12 am
What other applications to the HO would a EU citizen make, apart from, possibly, applying for citizenship?
None. As a settled person, you will have reached the top of the immigration tree, the end of the immigration pathway.

The next step is to preserve that status by residing in the UK (or of course, acquiring citizenship).
rooibos wrote:
Mon May 13, 2019 8:12 am
And what about point 1?
I did not respond to that point because I could not find anything specific about it in Appendix EU.

My interpretation of it is that if the WA is ratified, people with settled status would be able to be absent from the UK for five years without losing that status (as that is a specific provision in the WA).

If there is a Brexit not based on the WA (or even in the event of a no-Brexit), the normal rules for ILR (which is the legal status that you get with Settled Status) will apply, which means that the ILR would lapse automatically if absent from the UK for more than two years.

Note again that the above is my interpretation, in the absence of any specific legal text.
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.

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 8:02 pm
Location: Birmingham, UK

Re: How long can a Settled Status holder be away from the UK and heep their status?

Post by rooibos » Tue May 14, 2019 9:23 am

Alright, thanks.

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