EU Settlement Scheme (Pre-settled status) & Covid-19

[somartinez95]

Hi everyone,

I searched the forum before posting, apologies if I've missed any topic that matches this one.

I'm a Portuguese national who has a permanent contract with my current employer in the UK and I have been living in the UK since August 2018. As from May 2019 I have applied to the EU Settlement Scheme and have been granted pre-settled status.

As a result of the unprecendent pandemic the office has been closed since 15 of March and I have been working from home since then. I have then decided to move back to Portugal for the time being. I have been in Portugal since mid March and therefore I have now been out of the UK for more than 6 months in a 12months rolling period. This means, in 5 years when I apply to settled status my application will be rejected.

Given that the UK is still under EU law and we are allowed to apply to settled status until 31 June 2021 (idealy before 31 December 2020) I have contacted the Home Office to gather further advise on my situation.

• They mentioned that I could gather enough evidence on why I have been away and in 5 years times when I apply to settled status I might have enough proof for my application to be approved. However, I travel a lot for work and now I'm in a situation where I don't have flexibility to spend time outside the UK.

• The Home Office worker also mentioned I could apply once again to be granted pre-settled status if I do so before 31 December 2020.

That is my plan. I will go back to the UK around October/beginning of November time and apply again. Nevertheless, before doing so I was hoping to understand whether someone in this forum is/has been in the same situation and can share their experience? Whether any challenges were encountered when applying again?

Thanks in advance.

Best regards,
Sofia

[kamoe]

I'm a Portuguese national who has a permanent contract with my current employer in the UK and I have been living in the UK since August 2018. As from May 2019 I have applied to the EU Settlement Scheme and have been granted pre-settled status.

As a result of the unprecendent pandemic the office has been closed since 15 of March and I have been working from home since then. I have then decided to move back to Portugal for the time being.

Are you currently on their UK Payroll, that is, are they/are you currently contributing to national insurance on your UK NI number?

[somartinez95]

I'm a Portuguese national who has a permanent contract with my current employer in the UK and I have been living in the UK since August 2018. As from May 2019 I have applied to the EU Settlement Scheme and have been granted pre-settled status.

As a result of the unprecendent pandemic the office has been closed since 15 of March and I have been working from home since then. I have then decided to move back to Portugal for the time being.

Are you currently on their UK Payroll, that is, are they/are you currently contributing to national insurance on your UK NI number?

Hi Kamoe,
Thanks for your answer. Yes I am currently on UK Payroll contributing to national insurance on my UK NI number

[kamoe]

Yes I am currently on UK Payroll contributing to national insurance on my UK NI number

If that continues to be the case, without gaps, from now until the moment you complete the 5 years, your previous statement here:

I have been in Portugal since mid March and therefore I have now been out of the UK for more than 6 months in a 12months rolling period. This means, in 5 years when I apply to settled status my application will be rejected.

... is incorrect.

The Home Office will not ask you for proof of continuous residence if there are no gaps in your Tax and NI contributions. See here:

You can give your National Insurance number to allow an automated check of your residence based on tax and certain benefit records.

If this check is successful, you’ll not need to provide any documents as proof of residence. You’ll only need to provide documents if you have been here for 5 years in a row but there is not enough data to confirm this.