pre settlement scheme

[priya0405]

My father has pre settlement scheme from September 2020. He is now in Italy. if he enter in UK after 5 months, will this affect his status? I mean I heard that pre settlement holder cannot stay outside UK for more then 3 months, is that true? Can he lose his pre settlement scheme?

[kamoe]

My father has pre settlement scheme from September 2020.

Ask him to please read the outcome letter he was sent when obtained Pre-Settled status. All the answers of your questions are there:

Time outside the UK
Under current UK immigration law, if you are absent from the UK for a continuous period of more than two years, your pre-settled status will lapse. If you leave the UK for more than two years and your pre-settled status lapses, you will need to make a new application under one of the routes which may be available to you to return to the UK. In the application, you will need to meet the requirements of the Immigration Rules in force at that time.

Please note that if you wish to be eligible to apply for settled status under the EU Settlement Scheme, you will generally need to demonstrate that you have been continuously resident in the UK for at least five years. Continuity of residence for that purpose is not broken by a temporary absence or absences from the UK of up to six months in any 12 month period; or by a single absence of up to 12 consecutive months for an important reason, such as pregnancy and childbirth, serious illness, study or an overseas work posting; or by compulsory military service.

You need to accrue five years' continuous residence in order to be eligible for settled status on that basis. Time spent in the UK before an absence which breaks your continuity of residence cannot be counted. Further information about the eligibility requirements for settled status can be found here: www.gov.uk/settled-status-eu-citizens-f ... ligibility.

He is now in Italy. if he enter in UK after 5 months, will this affect his status? I mean I heard that pre settlement holder cannot stay outside UK for more then 3 months, is that true?

No; but absences longer than 6 months or 12 months for an important reason, will reset his clock and he will lose any time accrued toward the 5 years needed for Settled Status; as per above.

Can he lose his pre settlement scheme?

If he's absent for more than 2 years, yes; as per above.

[priya0405]

ok, thank you

[priya0405]

My father stayed outside UK for more than 6 months because of coronavirus. As far as I know, if you want to qualify for settled status, you will need to maintain your continuous residence in UK. Now, can he apply again for EU pre settlement scheme?

[CR001]

Topics merged!!

[Zerubbabel]

No; but absences longer than 6 months or 12 months for an important reason, will reset his clock and he will lose any time accrued toward the 5 years needed for Settled Status; as per above.

Interesting your point. It means that we may potentially find people with pre-settled status in 10 years time because of multiple absences they keep breaking the 5 year continuity for Settled status.

[kamoe]

No; but absences longer than 6 months or 12 months for an important reason, will reset his clock and he will lose any time accrued toward the 5 years needed for Settled Status; as per above.

Interesting your point. It means that we may potentially find people with pre-settled status in 10 years time because of multiple absences they keep breaking the 5 year continuity for Settled status.

Might or might not. Here's an interesting post.