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Spending time outside UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Humbl
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Posts: 3
Joined: Sun Feb 02, 2020 8:26 am
France

Spending time outside UK

Post by Humbl » Sun Feb 02, 2020 8:48 am

Hi everyone,
I have been following this amazing site for a while.
Please I need some advice pls, I’m Non Eu living in Uk with my EU partner as Unmarried partners.
Both of us have EEA residence documents and also Pre settled status.
She is exercising her treaty right as a pensioner, inherited from her late husband in France, so she isn’t working in uk.

So my question is,
We are planning to spend a continuous one year outside uk,
Please how can this continue One Year Outside Uk affect our settled status in future?



Many thanks for information.

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Zerubbabel
Respected Guru
Posts: 2519
Joined: Fri Jul 06, 2018 8:13 am
Mood:
United Kingdom

Re: Spending time outside UK

Post by Zerubbabel » Sun Feb 02, 2020 10:30 am

If you leave the UK, you will have to immigrate again in a year time depending on the regulations available in the future.

Once your EEA national leaves the country, your status as non-EEA is toast.

You have to see later how you can come back but it means starting from scratch.

You may read less extreme options than what I am telling you here. However, you have to consider that the Home Office is being empowered by the Brexit. We know them nasty today, but they are like angels comparatively how they will be in Feb 2021.

The risk is yours really. But they can absolutely claim in 2021 that your EEA national ceased to exercise Treaty Right. You ceased to have a valid EEA leave in the UK and you have then to qualify under a new route.

Humbl
Newly Registered
Posts: 3
Joined: Sun Feb 02, 2020 8:26 am
France

Re: Spending time outside UK

Post by Humbl » Sun Feb 02, 2020 10:56 am

Hi Zerubbabel
Thanks for the reply.
We are not closing our residence in uk.
We are just trying to spend some time outside Uk.

Meanwhile under which circumstances does Pre settled status holder could spend 2 continuous years outside Uk without losing their residence right?
Correct me if am wrong.

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Zerubbabel
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Posts: 2519
Joined: Fri Jul 06, 2018 8:13 am
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United Kingdom

Re: Spending time outside UK

Post by Zerubbabel » Sun Feb 02, 2020 12:28 pm

Yes, if you read here:

https://www.gov.uk/settled-status-eu-ci ... atus-means

Here is what they say:

Image

But "maintaining residence" is a bit vague term. You don't want term to turn around and say "you didn't maintain residence."

Humbl
Newly Registered
Posts: 3
Joined: Sun Feb 02, 2020 8:26 am
France

Re: Spending time outside UK

Post by Humbl » Sun Feb 02, 2020 12:36 pm

Thanks Again for this information provided.
Please how would i maintain continues residence while spending time outside Uk?
This is what’s been confusing for us..
Thanks for your contribution.

secret.simon
Moderator
Posts: 11475
Joined: Thu Feb 21, 2013 9:29 pm

Re: Spending time outside UK

Post by secret.simon » Sun Feb 02, 2020 3:08 pm

Humbl wrote:
Sun Feb 02, 2020 12:36 pm
Please how would i maintain continues residence while spending time outside Uk?
Return within six months. Don't be absent for a year.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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