Immigrationboards.com

Hi all

I have pre-settled status (as an eea spouse) and am eligible for settled status on March 1st 2022. I need to return to my home country (non-eea) for family reasons and due to quarantine procedures wish to stay there for approx 6 months.

I’m aware that in order to qualify for settled status you must not leave the UK for more than 6 months in any 12 month period. Not sure if it makes any difference, but I’ll be divorced by then and applying for SS on the basis of retained rights.

I’m thinking it might be possible to leave the UK for my home country no sooner than September 1st 2021 (but sometime thereabouts), and then apply for settled status on the 1st of March (while abroad), at which point I will have been out of the UK for slightly less than 6 months.

I’m not sure how long settlement applications are taking at the moment, but it is likely that while waiting for my application to be processed, I will cross over into being away for over 6 months, would this be an issue, or would it be okay considering the application is already in?

Any help would be appreciated please on whether this might be a viable solution.

To the best of my knowledge, it is not possible to make any settlement application (ILR or Settled Status) from abroad.

If one makes an immigration application under the Immigration Rules within the UK and travels abroad, the immigration application is automatically considered withdrawn.

So by extension, I suspect that an immigration application for extension or variation of existingleave (such as to extend leave or to apply for ILR/Settled Status, etc) can't be made from abroad.

The only immigration application to be made from abroad would be entry visa applications.

secret.simon wrote: ↑

Thu May 06, 2021 11:26 am

To the best of my knowledge, it is not possible to make any settlement application (ILR or Settled Status) from abroad.

If one makes an immigration application under the Immigration Rules within the UK and travels abroad, the immigration application is automatically considered withdrawn.

So by extension, I suspect that an immigration application for extension or variation of existingleave (such as to extend leave or to apply for ILR/Settled Status, etc) can't be made from abroad.

The only immigration application to be made from abroad would be entry visa applications.

Thanks for your reply. On the gov website it states that you can apply for the settlement scheme from outside the UK. See here - https://www.gov.uk/guidance/eu-settleme ... ide-the-uk

"You can apply for status under the EU Settlement Scheme from outside the UK. You must use the EU Exit: ID Document Check app to verify that you’re entitled to apply from outside the UK."

So it seems to be okay to actually apply from overseas - my worry is whether or not it will be accepted if I am out of the UK for 6 months AFTER having applied

secret.simon wrote: ↑

Thu May 06, 2021 11:26 am

If one makes an immigration application under the Immigration Rules within the UK and travels abroad, the immigration application is automatically considered withdrawn.

With the exception for applications under Appendix EU / EU Settlement Scheme. See section Travel outside the Common Travel Area, page 62 in The EU Settlement Scheme Caseworker Guidance:

An application made under Appendix EU will not be treated as automatically
withdrawn if the applicant travels outside the Common Travel Area before the
application has been decided.

@kamoe, that is interesting because I could not find anything in Appendix EU giving that exemption. Could you have a look at the Appendix and point me to the provision that allows for that exemption?

secret.simon wrote: ↑

Thu May 06, 2021 12:43 pm

@kamoe, that is interesting because I could not find anything in Appendix EU giving that exemption. Could you have a look at the Appendix and point me to the provision that allows for that exemption?

Uhmm good point.

I have not found anything either, but... surely... it wouldn't be in the official and public caseworker guidance year after year and version after version with no amendments if this wasn't correct? (I have quoted that section at least 5 times in answer to this eternal question, and I see each time I have pointed to a different, updated version of the document, with different page number, etc.).

But I do see your point. Strange that this is not specifically spelled out in a legal document that's easily found.

Also, we've had this conversation before