Immigrationboards.com

Hi All,

Need your guidance please:

I have settled status issued to me and I travelled out of UK for a religious function in 2020.
Then I stayed back because of covid and health reasons.
I understand that with settled status, you can stay out of UK without losing the status for 5 years :

https://www.gov.uk/settled-status-eu-ci ... r%20status.

However I also see that one should apply for returning citizen visa if you stayed for more than 2 years outside:
https://www.gov.uk/returning-resident-v ... 20years%20(Returning,for%20a%20Returning%20Resident%20visa.

from the site:
"If you were away for more than 2 years (Returning Resident visa)
You lose your indefinite leave to remain if you’ve been outside the UK for 2 or more continuous years.

You may be able to re-enter the UK and get indefinite leave to remain by applying for a Returning Resident visa.
"
I wanted know does that me I have to apply for returning resident visa if I stay out for more than 2 continuous years with settled status?

Please help to understand.

Thank you very much !

Returning Resident visa applies only to persons who have ILR under UK Immingration regulations - doesn't apply to ILR under EU Settled Status, no returning visa required at all, even after five years. Note if you exceed the five years absent there isn't the option of a returning resident visa, youwould have to start your UK immigration history from zero, i.e. work visa, etc.

Thank you for the reply !

Does that mean I can return after 2 years (before 5 years) with the settled status and EU passport?

Currently I am in a situation where my family member in my country of origin needs my support which is holding me from returning.

Thanks !

aka47 wrote: ↑

Mon Jun 13, 2022 6:46 pm

Does that mean I can return after 2 years (before 5 years) with the settled status and EU passport?

That's what I tried to explain, you can certainly return anytime before the five years maximum allowed. There is nothing you need to apply for.

Just double-check that you have Settled Status and not Pre-Settled Status. The application and documentation is the same for both, but the outcome, and consequently how long you can remain outside the UK, can be very different.

Thanks for your replies.

@secret.simon, Sure. I have settled status. I have the confirmation email as well as can verify it on the site.

Thanks !

In that case, you can be absent from the UK for up to five continuous years without losing that status.

Keep in mind that if you plan for naturalising as a British citizen at a future date, the rules for absences and physical presence for that application are much stricter and you may want to factor your absences in that light.