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I am an EU citizen with Pre-Settled Status and currently working in the UK as a Software Developer.
Have two children with EU citizenship in the UK.
My wife non-EEA in the UK, joined me with the EU Settlement Scheme family permit and got BRP (Pre-settlement), she is also the mother of my children.

I got Pre-Settlement status, in 2019 Aug and will expire 2024 Aug next year.

I am 100% sure that I exceeded the limit of allowed absence ( a couple of times, both exceeded 180 days and highly likely 2 consecutive years too, caused by family and job-related issues)

My children and family are really used to living here and all our future plans are focused on living here.

I am satisfied with my job here, also started investing time and money in my side project.

But I really am stressed because of the uncertainties.

Really don't know what will happen next year.

I really am asking for your kind comments and suggestions.

1. What will happen to me when I lose my pre-settled status and I will also not be able to apply for settled status? Seems like I will lose my right to live and work in the UK after those years.

2. What will happen to my wife's status, and her BRP later expiry date, but will she also lose her status?

3. What will be the situation for my children?

Thanks in advance to everyone who read and reply this topic.

That's all based on U

Kurtz wrote: ↑

Tue Jun 20, 2023 7:55 pm

What will happen to me when I lose my pre-settled status and I will also not be able to apply for settled status?

From the UKVI website -
https://www.gov.uk/settled-status-eu-ci ... led-status

If you’re not eligible for settled status
If you’re not eligible for settled status because you spent more than 6 months outside the UK in a 12-month period, you’ll keep your pre-settled status

Your wife and kids then should be able to stay as your dependants. Not sure about their Settled Status eligibility by their own merit then.

Fair warning: guidance on this page might be oversimplified - I might possibly be wrong and there could be conditions attached to renewal, but me (or other, more knowledgeable person) have to dive deeper in guidance for that.

After further research, I could be wrong - see this freemovement article (https://freemovement.org.uk/lengthy-abs ... s-at-risk/).

meself2 wrote: ↑

Thu Jun 22, 2023 11:33 am

After further research, I could be wrong - see this freemovement article (https://freemovement.org.uk/lengthy-abs ... s-at-risk/).

First of all many thanks for your time and effort for informative replies.
Although information like below shows some promise.

If you’re not eligible for settled status
If you’re not eligible for settled status because you spent more than 6 months outside the UK in a 12-month period, you’ll keep your pre-settled status

Quite likely I will have trouble next year August when my presettlement expires.

As a workaround, I thought to apply through my wife or children when my status expired,

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, even if your biometric residence card (BRC) has not expired.
Source

But when I checked there is some requirements:

You can apply as the family member of someone from the EU, Switzerland, Norway, Iceland or Liechtenstein if all of the following are true:

they started living in the UK by 31 December 2020
they have settled or pre-settled status
you’re joining them in the UK on or after 1 April 2021
Source

My wife is non-EU, not align with the requirements
My children were not started living in the UK by 31 December 2020 they joined later.

Honestly, I am really confused, but the situation seems not so bright.

The obvious safe solution to keep you in the UK would be finding a route that you can switch on under UK Immigration rules - for example, as you mention you work as a software developer, you can get a Skilled Worker visa (and your family apply as dependents) if your employer is willing to sponsor you. As you understand, that will delay your settlement in the UK for another 5 years and you won't be allowed such lengthy absences, but you will have more clear cut rules for getting ILR.

If other folks on the board more familiar with EUSS see a better option, feel free to chime in.

UPD: after legal challenges, HO says it'll give another 2 years - https://www.gov.uk/government/news/eu-s ... -confirmed

meself2 wrote: ↑

Tue Jul 18, 2023 11:47 pm

UPD: after legal challenges, HO says it'll give another 2 years - https://www.gov.uk/government/news/eu-s ... -confirmed

Thanks a lot, meself2, for following up and informing me. That's great, at least now I have 3 more years. That's a great relief for me.🫠