Going back to the UK

[Haxi]

Hi everyone, I have quite a lot of questions to ask, I hope you can help me.

I'm a hungarian and I have the settlement status in the UK.(applied april 2019, received may 2019)

When I applied I've already left the UK(end of march, 2019) because I had the New Zealand working holiday visa through the hungarian scheme.

Now I'm still in New Zealand, as far as I know I can be absence for as long as two years, although some says 5 years. Im planning to go back to the UK at the beggining of 2021, probably before March.

What effect will leaving the EU mean to my entry into the UK? Am I good as I have my settlement or am I going to be put on pre-settlement?

Also would I be able to apply for residency after 12 months from entering or because I was abroad for almost 2 years that cant happen?

Is the immigration planning to change the method of getting residency because of leaving EU or is it likely to stay as is?

Thank you!

[kamoe]

I have the settlement status in the UK

Which status? Pre-Settled or Settled? This is important to answer your further question below.

When I applied I've already left the UK(end of march, 2019)

When exactly did you leave?

Now I'm still in New Zealand, as far as I know I can be absence for as long as two years, although some says 5 years.

You can be absent for up to 2 years without losing your Pre-Settled Status.
You can be absent for up to 5 years without losing your Settled status.

Im planning to go back to the UK at the beggining of 2021, probably before March.

What effect will leaving the EU mean to my entry into the UK?

Depends on your exact status. Hence why I ask what status you have and when exactly you left. March is borderline two years after you left.

Am I good as I have my settlement or am I going to be put on pre-settlement?

By "I have my settlement" do you mean you have Settled status? If you already have Settled Status, and you come back before 5 years, you are good. You will not be "downgraded".

Also would I be able to apply for residency after 12 months from entering or because I was abroad for almost 2 years that cant happen?

You need to demonstrate that you were physically present in the UK exactly 1 year before the day the Home Office receives your application. So if you apply on March 31st 2021, you need to demonstrate you were physically present in the UK on March 2020.

This means, that, yes, one year after your arrival will be the earliest date you can apply for British Citizenship. If you come back in the UK in say, March 1st 2021, then you can apply in March 1st 2022, demonstrating you where physically present in the UK (boarding pass, stamp on passport) exactly one year before.

Is the immigration planning to change the method of getting residency because of leaving EU or is it likely to stay as is?

Think about what you are asking.

The EU Settlement Scheme was put in place precisely for creating a framework that allows, among other things, to acquire residency after Brexit. The fact that it was defined, tested, and executed in preparation before Brexit does not mean that its ultimate goal is not to precisely deal with Brexit, after it happens.

So of course things are not going to stay as they were, Brexit comes, and the EU Settlement Scheme is there to replace the old EEA route. What did you think The EU Settlement Scheme was there for?

[Haxi]

First of all, thank you for your detailed answer.

"Which status? Pre-Settled or Settled? This is important to answer your further question below."

Settled.


"When exactly did you leave?"

On the 29th of April, 2019.
Applied for settled status on the 29th of April(same day as I left) and it has been accepted on the 4th of May.

"So of course things are not going to stay as they were, Brexit comes, and the EU Settlement Scheme is there to replace the old EEA route. What did you think The EU Settlement Scheme was there for?"

I see I made you mad not knowing these things, Im sorry about that but please note, I'm away from the UK, I wasn't following the news since I left, and now I tried to get as much information before I wrote here as I can, but you can read so many different things online, so I get confused. What I wanted to ask instead of what I did ask is more like Do we already know what changes to expect on getting the British Citizenship or is it something going to be announced later on?

I havent found any information regarding that, as here on this forum you have the knowledge I thought this is the best place to ask.

Thank you once again, I highly appreciate your effort answering my questions.

[kamoe]

"Which status? Pre-Settled or Settled? This is important to answer your further question below."

Settled.

Then you are good. You can come back in 2021 without losing your status.

I see I made you mad not knowing these things, Im sorry about that but please note, I'm away from the UK, I wasn't following the news since I left, and now I tried to get as much information before I wrote here as I can, but you can read so many different things online, so I get confused.

Sorry, what I meant is that even in 2019, anyone having applied to the EU Settlement Scheme would probably had an idea this is the scheme in place for the changes I thought you were asking about. But I see your question is different, so fair enough, I apologise for the confusion.

What I wanted to ask instead of what I did ask is more like Do we already know what changes to expect on getting the British Citizenship

I am not personally aware of anything having changed due to Brexit, concerning the process to acquire British Citizenship other than Settled Status now being accepted as equivalent to Permanent Residence and ILR. But this is really a question for the dedicated British Citizenship section, so you might ask there.

or is it something going to be announced later on?

I havent found any information regarding that, as here on this forum you have the knowledge I thought this is the best place to ask.

I think we are all in the same boat here when it comes to future events. Unless someone has a crystal ball, even here no one knows.

Of course, I cannot speak for others, but I believe most informed people here rely on and refer to legislation and other information that is already published and available. Anything that is still in development or has not happened yet is likely completely unknown to anyone here.

[secret.simon]

Do we already know what changes to expect on getting the British Citizenship or is it something going to be announced later on?

There are no changes either announced or expected for British citizenship. Changes to British citizenship laws are comparatively quite rare and in any case, the Withdrawal Agreement (the basis of Settled Status) does not touch either British or EU citizenship.

You will need to meet the usual absence, physical presence (being physically present in the UK five years before the date of the naturalisation application), English language and LITUK test requirements.

From a UK point of view, the naturalisation/citizenship process is completely divorced and separate from immigration processes (for both EEA and non-EEA citizens). While the applicant is required to have ILR/PR/Settled Status before applying for citizenship, the naturalisation/citizenship process is under different laws and has different requirements from that for any form of immigration. Having Settled Status does not automatically lead to citizenship, it is only a first step.

The requirements for all applicants (whether EEA or non-EEA citizens) are also the same (though the proof of meeting the requirements may differ as EEA passports were not stamped in when entering the UK).

[kamoe]

You need to demonstrate that you were physically present in the UK exactly 1 year before the day the Home Office receives your application. So if you apply on March 31st 2021, you need to demonstrate you were physically present in the UK on March 2020.

This means, that, yes, one year after your arrival will be the earliest date you can apply for British Citizenship. If you come back in the UK in say, March 1st 2021, then you can apply in March 1st 2022, demonstrating you where physically present in the UK (boarding pass, stamp on passport) exactly one year before.

secret.simon's answer made me realise I must have been distracted when I wrote the above. Of course, it's not 1 year it's 5 years. Sorry for that.

Please scrap what I said and adjust your understanding to the fact that you need to apply at a point where you can prove you were physically present in the UK exactly 5 years before. Given your history, seems this will not be difficult (you might even apply as soon as you come back, if you meet all requirements).

[JB007]

... you need to apply at a point where you can prove you were physically present in the UK exactly 5 years before.Given your history, seems this will not be difficult (you might even apply as soon as you come back, if you meet all requirements).

They won't be able to apply as soon as they come back because in addition to having to be present in the UK on the day 5 years before the application is received by the Home Office, there is also this under the residence requirments-

You must not have had more than 90 days outside the UK in the 12-month period before making the application

https://www.gov.uk/government/publicati ... n-guidance

[JB007]

... you need to apply at a point where you can prove you were physically present in the UK exactly 5 years before.Given your history, seems this will not be difficult (you might even apply as soon as you come back, if you meet all requirements).

They won't be able to apply as soon as they come back because in addition to having to be present in the UK on the day 5 years before the application is received by the Home Office, there is also this under the residence requirments-

You must not have had more than 90 days outside the UK in the 12-month period before making the application

https://www.gov.uk/government/publicati ... n-guidance

And this residence requirement for British citizenship too: from the same link-

You must not have had more than 450 days outside the UK in the 5-year period before making the application


They left the UK in March 2019.

[kamoe]

Of course. Hence why I said might and if you meet all requirements.

Thanks

[Haxi]

Thank you so much for all of you! Your answers are highly appreciated!

[Haxi]

... you need to apply at a point where you can prove you were physically present in the UK exactly 5 years before.Given your history, seems this will not be difficult (you might even apply as soon as you come back, if you meet all requirements).

They won't be able to apply as soon as they come back because in addition to having to be present in the UK on the day 5 years before the application is received by the Home Office, there is also this under the residence requirments-

You must not have had more than 90 days outside the UK in the 12-month period before making the application

https://www.gov.uk/government/publicati ... n-guidance

And this residence requirement for British citizenship too: from the same link-

You must not have had more than 450 days outside the UK in the 5-year period before making the application


They left the UK in March 2019.

Reading through over and over all your anwers left me confused.

I'm away since April 2019, that means at the moment I have already exceeded 450 days.

As per the Naturalisation booklet shows:https://www.photobox.co.uk/my/photo/ful ... 3565156014

Do I understand it correctly and does it mean I dont qualify because of my absence?
If so does it mean I can only apply after an other 5 years? (Although I can see if I met all the other requirements they could disregard my absence if its not over 900 days)

[secret.simon]

I'm away since April 2019, that means at the moment I have already exceeded 450 days.

As you have been away for about 600 days, that means that you likely fail three requirements for British citizenship and therefore it is unlikely that discretion will be exercised in your case.
a) the less-than-450-days in five years absence requirement
b) the less-than-90-days in the year immediately preceding the date of application requirement, and
c) the future intentions requirement (See Page 32 of the Naturalisation at discretion caseworker guidance)

If applicants say their intention is to have their principal home in the UK, you should accept that they meet the requirement if they:
• meet the residence requirements, without the need to exercise any discretion over excess absences other than up to 30 day
• have an established home here
• have been, or intend to be, absent from the UK for not more than 6 months
• the absence was, or will be, clearly temporary
• if it is an intended absence, we are satisfied they intend to return to the UK
• they have maintained an established home here where any close family who have not accompanied them abroad have continued to live
• there is no information to cast doubt on their intention, for example, either:
o a partner who is or intends to live outside of the UK
o a recent absence from the UK for a period of 6 months or more

Where it is proposed to exercise discretion to waive excess absences, you must be satisfied that the applicant has an established residence, family and a substantial proportion of any estate here.

I would suggest that you only apply for naturalisation as a British citizen after a substantial period (at least 3-4 continuous years) of residing in the UK in future.

[Vhaelan]

I would suggest that you only apply for naturalisation as a British citizen after a substantial period (at least 3-4 continuous years) of residing in the UK in future.

It's unlikely he will be able to apply in less than 5 years time, as after 3 or 4 years he will still fail to meet the requirement of physically being in the UK exactly 5 years before HO receives the application.

[secret.simon]

I would suggest that you only apply for naturalisation as a British citizen after a substantial period (at least 3-4 continuous years) of residing in the UK in future.

It's unlikely he will be able to apply in less than 5 years time, as after 3 or 4 years he will still fail to meet the requirement of physically being in the UK exactly 5 years before HO receives the application.

The operative words in that advice were "at least"