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GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Mon May 10, 2021 9:11 am
by Fk006
Hello,
Thank you everyone for the timely responses and guidiance and it has been tremendous in acquiring my presettled status.
This is my timeline:
Applied for Presettled status with BRC- 31st December, 2020
COA- 21st January, 2021
Decision, Pre settled status successful- 7th May, 2021 till 8th May, 2026.

However I got my EEA family Permit (Extended Family Member) on April, 2019, applied for my BRC and it was successful on October, 2019 and it will run through 2024. Between October 2019 and December 2020, I have been outside of the UK due to covid and family issues. I wiil like to seek for guidiance when i can apply for settled status?

Re: GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Mon May 10, 2021 9:49 am
by kamoe
Fk006 wrote:
Mon May 10, 2021 9:11 am
when i can apply for settled status?
As I usually say: You can apply anytime to anything, wether you will get what you apply for is a different matter. :wink:

First thing first: You broke your first continuous residence period, there is no way around it. So:

Short answer to your question is: You will be eligible for Settled Status after 5 years of the start of your second continuos residence period, so 7th May 2026.

Long answer is: You could try to apply on April 2024, 5 years after the start of your first continuous residence period, and make the case that your 14-month long absence between October 2019 and December 2020 should be allowed as an exception, but I wild guess this would not be straightforward. First, because allowed exceptions are 12-month long at most; second, because October 2019 is too early to argue COVID-19.

Re: GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Mon May 10, 2021 9:56 am
by kamoe
Sorry, I mean to say December 2025 not May 2026. It's the start of your continuous residence period that counts, not the date you obtained Pre-Settled Status.

Re: GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Tue May 11, 2021 10:22 pm
by Fk006
Thank you Kamoe for your time.
The short answer to my question, is it December 2025 or 2026?
I'm kinda confused.

Re: GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Tue May 11, 2021 10:31 pm
by Fk006
'First, because allowed exceptions are 12-month long at most; second, because October 2019 is too early to argue COVID-19'.

Yeah.. October 2019 is long. But had to finish law school in Ghana in December, 2019 and couldn't travel in January/February due to covid.

Re: GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Wed May 12, 2021 7:11 am
by kamoe
Fk006 wrote:
Tue May 11, 2021 10:22 pm
Thank you Kamoe for your time.
The short answer to my question, is it December 2025 or 2026?
I'm kinda confused.
Five years after your return of December 2020.

So that plus 5 years = December 2025.
I got your return day mixed up with the date you got the status, sorry for that.

Re: GUIDIANCE AFTER OBTAINING PRESETTLED STATUS

Posted: Wed May 12, 2021 7:14 am
by kamoe
Fk006 wrote:
Tue May 11, 2021 10:31 pm
'First, because allowed exceptions are 12-month long at most; second, because October 2019 is too early to argue COVID-19'.

Yeah.. October 2019 is long. But had to finish law school in Ghana in December, 2019 and couldn't travel in January/February due to covid.
You can always try and apply on April 2024 and argue that your absence is long due to covid, and see what happens...