Immigrationboards.com

Hello,

I follow this forum and find it useful and need your help in my situation:

I am spouse of EU citizen (with settled status). I have residence card and pre-settled status. I was in UK for few months. I had to move to my home country in 2019 for some personal work and then was stuck there due to covid situation. I am now out of UK now for 1 and 1/2 years and wish to return.

I have below queries:
1. Can I return to UK with residence card and pre-settled status or will there be any problem ?
2. I dont have settlement scheme card. Will residence card be invalid document at immigration now ?

Please advise.

Thanks.

BrightUser20 wrote: ↑

Tue Feb 02, 2021 5:18 pm

1. Can I return to UK with residence card and pre-settled status or will there be any problem ?

Your pre-settled status remains valid unless you spend 2 years or more abroad. So you can re enter without issue.

However, with an absence longer than 6 months I am afraid you have reset your clock of the 5 years required for Settled Status. All your residence history prior your trip abroad will not count. If you want to apply for Settled Status, you will have to count 5 years after the day you come back to the UK.

2. I dont have settlement scheme card. Will residence card be invalid document at immigration now ?

If you have a still valid EEA residence card, it can be used until June 30th 2021. Otherwise you'll need to apply for a family permit. Will your EU spouse travel with you?

Hello Kamoe,

Thanks for your quick reply.

Yes, I have a valid residence card.
My spouse might not be there with me while travelling - will that cause any problem ? Please let me know.

Thanks much.

BrightUser20 wrote: ↑

Tue Feb 02, 2021 5:42 pm

My spouse might not be there with me while travelling - will that cause any problem ? Please let me know.

Is their intent to move to the UK with you?

BrightUser20 wrote: ↑

Tue Feb 02, 2021 5:42 pm

My spouse might not be there with me while travelling - will that cause any problem ? Please let me know.

Is their intent to move to the UK with you?

Yea. Actually he might be in the UK already before me. Or might be travelling along with me - something we are not sure at the moment. But he has settled status and valid residence card as well.

OK, not an issue then