Immigrationboards.com

Hello everyone!
I am holding a settled status as a non-EU citizen and planing to live in EU with civil partnership(not sure if it's possible yet). On the gov.uk says;
"If you have settled status, you can spend up to 5 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status."
but also says;
"If you spend too much time outside the UK, the Channel Islands or the Isle of Man
You’ll lose your settled or pre-settled status. You’ll usually need to apply for a visa to live and work in the UK."
My question is as gov.uk says can I stay up to 5 years outside the UK without losing my settled status? I did older topics related to my question and some people said if border police can't be convinced my intention of living in the UK then they can take my rights. Is this true? Because on the website simply says I can be outside 5 years in a row without losing my status, is this reliable?

No expert of Settled Status but consider that this 5 years allowance for Settled Status holders hasn't really been tested yet - scheme came in some time late 2018. Also the Home Office is well known for it's badly worded guidance on almost every topic .... what they mean (I think) is if you go over the five years you will loose the status. What you quote from other discussions probably relates to the UK ILR regulations where guidance has been in existence for many years.
Others may provide further insights, and any corrections to my statements.

alterhase58 wrote: ↑

Tue Apr 05, 2022 6:02 pm

No expert of Settled Status but consider that this 5 years allowance for Settled Status holders hasn't really been tested yet - scheme came in some time late 2018. Also the Home Office is well known for it's badly worded guidance on almost every topic .... what they mean (I think) is if you go over the five years you will loose the status. What you quote from other discussions probably relates to the UK ILR regulations where guidance has been in existence for many years.
Others may provide further insights, and any corrections to my statements.

alterhase58 thank you for answering my question and I do agree about Home Office uncertainty and that is why I am trying to understand everything before I would have a decision. While I was reading passed topics as you said more related to ILR, I did come across this link and it is about "Return to the UK if you had indefinite leave to remain". https://www.gov.uk/returning-resident-visa
Briefly it is saying or explaining about being away 2 years or less situations. I know my status is based on settled status but same time on my BRC says;
Type of permit: eu scheme settlement
Remarks: work permitted, indefinite leave to remain
also at the bottom says; issued in accordance with the eu exit separation agreements
So I am curious that even though I am holding ILR based on settled status but the link above is for settled status as well?
Also
Even if I would travel up to 2 years let's says, at the border when they will ask me questions about reasons and whether I am a visitor or not and based on my answers do they still have right to take my settled status? I know you can't answer all these questions but I am trying to have common sense and act based on that. Because I have to have ties to UK if I wanna hold this and what are the possibilities that can show that I am tied to UK? Such as working for a UK company and paying tax but living in the EU?

The link relates to people holding UK ILR only.
If you hold UK ILR, i.e. specifically applied for it (not Settled Status), you are likely to loose ILR after 2 years absence, but may be able to apply for a returning resident visa.
The EU Settled Status is more generous, i.e. 5 years absence (pre-settled 2 years), and governed by the EU Withdrawal Agreement. The drawback is that after five years you will loose the status and have to apply for the appropriate points-based visa. You cannot then pick-up Settled Status where you left it, as far as I know.

Because I have to have ties to UK if I wanna hold this and what are the possibilities that can show that I am tied to UK?

Perhaps appliying for British citizenship is a better option? A one-off expense and then you can come and go as you wish.

alterhase58 wrote: ↑

Wed Apr 06, 2022 9:38 am

The link relates to people holding UK ILR only.
If you hold UK ILR, i.e. specifically applied for it (not Settled Status), you are likely to loose ILR after 2 years absence, but may be able to apply for a returning resident visa.
The EU Settled Status is more generous, i.e. 5 years absence (pre-settled 2 years), and governed by the EU Withdrawal Agreement. The drawback is that after five years you will loose the status and have to apply for the appropriate points-based visa. You cannot then pick-up Settled Status where you left it, as far as I know.

Because I have to have ties to UK if I wanna hold this and what are the possibilities that can show that I am tied to UK?

Perhaps appliying for British citizenship is a better option? A one-off expense and then you can come and go as you wish.

I totally agree with you and applying BC is the best option in this situation and not risking anything. In my situation I will need to wait 3 years because of traffic offence and that is why it is a bit problem. I think home office not being clear with this 5 year absence it putting me a doubt that after being abroad some years at the return they might or not making a problem of me not being settled in the UK or not. But thank you for explanation. End of the day it is about risking or not and preparing from before for the consequences I suppose.