Return to UK after more than year with pre-settled status

[BrightUser20]

Hello,

I follow this forum and find it useful and need your help in my situation:

I am spouse of EU citizen (with settled status). I have residence card and pre-settled status. I was in UK for few months. I had to move to my home country in 2019 for some personal work and then was stuck there due to covid situation. I am now out of UK now for 1 and 1/2 years and wish to return.

I have below queries:
1. Can I return to UK with residence card and pre-settled status or will there be any problem ?
2. I dont have settlement scheme card. Will residence card be invalid document at immigration now ?

Please advise.

Thanks.

[kamoe]

1. Can I return to UK with residence card and pre-settled status or will there be any problem ?

Your pre-settled status remains valid unless you spend 2 years or more abroad. So you can re enter without issue.

However, with an absence longer than 6 months I am afraid you have reset your clock of the 5 years required for Settled Status. All your residence history prior your trip abroad will not count. If you want to apply for Settled Status, you will have to count 5 years after the day you come back to the UK.

2. I dont have settlement scheme card. Will residence card be invalid document at immigration now ?

If you have a still valid EEA residence card, it can be used until June 30th 2021. Otherwise you'll need to apply for a family permit. Will your EU spouse travel with you?

[BrightUser20]

Hello Kamoe,

Thanks for your quick reply.

Yes, I have a valid residence card.
My spouse might not be there with me while travelling - will that cause any problem ? Please let me know.

Thanks much.

[kamoe]

My spouse might not be there with me while travelling - will that cause any problem ? Please let me know.

Is their intent to move to the UK with you?

[kamoe]

My spouse might not be there with me while travelling - will that cause any problem ? Please let me know.

Is their intent to move to the UK with you?

[BrightUser20]

Yea. Actually he might be in the UK already before me. Or might be travelling along with me - something we are not sure at the moment. But he has settled status and valid residence card as well.

[kamoe]

OK, not an issue then