Immigrationboards.com

Hi
I have searched to find a similar topic but I did not so I am asking here for help.
So I started leaving in the UK in 02/2019 and my husband in 2017, he is an EU and I am not. We came back to our country, in April this year and because of the covid we decided to stay here a couple of months, we were working from home till August and then we got fired so now we are unemployed. He has a pre-settlement status and I don't, I am just with BRC, we are planning to come back now on 17 December to stay again. So I know he will not have a problem to enter, just he will need to re-apply for the status so he can be qualified for settlement after 5 years, and I plan to apply for the pre-settlement but I am afraid that they will not let me enter the country because I have stayed over 8 months outside the UK. I paid tax till September so technically I was resident till then. Does anybody have an experience like this? Will I be refused to enter because I only have BRC and overstated the 6months period?
There is not one post on the internet about this, I have tried to find the answer a couple of months now.

Thank you.

Why not apply for a pre-settlement family permit? You could use your BRC, link your application to that of your husband's.

Marijana wrote: ↑

Mon Nov 23, 2020 1:02 am

he will need to re-apply for the status so he can be qualified for settlement after 5 years,

He does not really have to re apply for Pre-Settled Status, at least not now. The status is not lost by absences of less than two years.

He might need to extend his Pre-Settled status nearer the time the first 5 years are up, but only if his national insurance contributions show a gap of more than 6 months, which might not be the case? This will show up when he applies again in 4 years time, and he does not need to do anything differently than if he was applying for Settled Status then and there: He applies, and the system will check his NINO history. If there is a gap, he'll be offered Pre-Settled Status; if there isn't, he'll be offered Settled Status. Simples. In any case, nothing to worry about for now.

and I plan to apply for the pre-settlement but I am afraid that they will not let me enter the country because I have stayed over 8 months outside the UK. I paid tax till September so technically I was resident till then. Does anybody have an experience like this? Will I be refused to enter because I only have BRC and overstated the 6months period?

I am not familiar with any rule preventing re-entry of non-EU family members members after a long absence (perhaps someone else can clarify), but worst-case scenario, assuming this absence has cancelled your EEA BRC (I don't think so, but assuming the worst); you are coming back accompanying your husband, who is still exercising treaty rights of free movement, and given the transition period has not ended, I believe they cannot refuse you entry, as his wife.

NatCam wrote: ↑

Mon Nov 23, 2020 8:36 am

Why not apply for a pre-settlement family permit? You could use your BRC, link your application to that of your husband's.

I will apply for pre-settlement status once I come back to the UK, I thought it was not possible from outside and now is too late to apply for it because we are going in two-three weeks so I am doing it from there. Thank you.
@kamoe yes there is no gup of 6 months just of 3 till now, but maybe it will be if we do not find a job immediately, nevertheless, we will think of that when ti comes time for it , for now, the main worry is mine entering, tho I do not think as well that I will be not allowed to enter as I am technically a resident just on a long holiday Thank you

NatCam wrote: ↑

Mon Nov 23, 2020 8:36 am

Why not apply for a pre-settlement family permit? You could use your BRC, link your application to that of your husband's.

I will apply for pre-settlement status once I come back to the UK, I thought it was not possible from outside and now is too late to apply for it because we are going in two-three weeks so I am doing it from there. Thank you.
@kamoe yes there is no gup of 6 months just of 3 till now, but maybe it will be if we do not find a job immediately, nevertheless, we will think of that when ti comes time for it , for now, the main worry is mine entering, tho I do not think as well that I will be not allowed to enter as I am technically a resident just on a long holiday Thank you

the main worry is mine entering, tho I do not think as well that I will be not allowed to enter as I am technically a resident just on a long holiday Thank you

The point is not wether you are a resident or not. The point is that you are the family member of a EU citizen.
Even if you never lived in the UK at all in your whole life, if you are married to a EU citizen who wished to enter the UK with you, they cannot refuse you entry, if this entry is attempted this year.