BrightUser20 wrote: ↑Mon Jun 14, 2021 12:19 pm
Yes. Most probably husband will travel along OR he might go a month before me.
I wish to join him there.
Given you intend to come to the UK joining or accompanying a EU citizen with Settled Status, you have a valid reason to (re)apply to the EU Settlement Scheme.
One view would be that since you left the UK, are about to lose/or already lost the status you had, and want to come back, you are starting a fresh status request. In that sense, it could be argued that you need to apply for a EUSS Family Permit as a "joining family member"...
... but Family Permits are there for the purpose of facilitating entry to the UK, not for giving status. People still have to apply to the Settlement Scheme after obtaining a Family Permit. Historically, many people have not needed the facilitation of entry provided by the Family Permit (because they already live in the UK, or don't usually need a visa), and can enter the UK without. Therefore, if you were able to apply directly to the Scheme abroad before you come to the UK, then you would not need a Family Permit.
I've been reading and re-reading the
procedures and requirements, and there does not seem to be anything stopping anyone with a valid UK-issued biometric card from applying to the EU Settlement Scheme from abroad
in lieu of the EUSS a Family Permit. The one factor determining if you are entitled to apply from abroad appears to be simply if the app can scan your document:
You must use the EU Exit: ID Document Check app to verify that you’re entitled to apply from outside the UK.
So people in your situation have two options for re-acquiring valid status:
1. Apply for the EUSS Family Permit from abroad, then apply for the EU Settlement Scheme (Pre-Settled Status) once in the UK
2. Apply for the EU Settlement Scheme directly from abroad using the app with their current biometric card
Just wondering if Spouse's absence matters.
It does. If your spouse had broken their continuous residence before their Settled Status was granted, or exceeded his absence allowance (5 years for Settled Status), that will be it for the both of you. You would not be able to come back under the EU Settlement Scheme.
Should I apply for pre-settled status before it expires?
You are not applying to "extend" or "prevent your status from getting lost"; you can't do that if you do not come back before your two years allowance is up. There is no way around it.
Since you are not in the UK, you can only apply for a new status from scratch (your previous accrued residence in the UK will be wiped out, and your clock will restart). In that sense, wether you apply before or after your current status is lost, doesn't matter. The only difference is, the sooner you apply, the sooner your new 5-year clock will restart, and the sooner you will be eligible to apply for Settled Status further down the line, if that's your intent.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.
