Switch from pre-settled to sattled with more then 6 month gap for mental health problems

[Eleonora123]

Hi,
I came to live in the UK in July 2019. In that year I left UK just for a couple of weeks.
In 2020 I left between July and September

The problem is that in 2021 in July I went home, thinking to come back in September, but I was strongly depressed so at the end I came back in March 2022 after 8 months. In this period I've seen a therspist and a psychiatric, who diagnosed me major depression and also prescribed me antidepressants.

Then when I came back I always stayed here, going to Italy for no more than 2/3 weeks.

Now I wanted to switch from the pre-settled to the sattled status, but I've been outside UK for 8 months.

Is depression recognized as a form of illness that is among the accepted exceptions? I would have the prescriptions for anti-depressants as proof and the psychiatrist could certainly write a report on my condition at the time.

If the depression is not expected, what happen? Can I still have the sattled status at some point or, When it expires will I have to get a visa or what?

Thanks

[contorted_svy]

The guidance states https://www.gov.uk/settled-status-eu-ci ... atus-means

When you can be outside the UK for more than 6 months
There are some absences of more than 6 months in a 12-month period that will not count as a break in your continuous residence, which are:

one period of up to 12 months for an important reason - for example, childbirth, serious illness, study, vocational training, an overseas work posting or because of coronavirus (COVID-19)
compulsory military service of any length
time you spent abroad as a Crown servant, or as the family member of a Crown servant
time you spent abroad in the armed forces, or as the family member of someone in the armed forces
working in the UK marine area

I suggest you also read this, page 38 https://assets.publishing.service.gov.u ... idence.pdf

Absences: compelling and compassionate personal
circumstances
Absences for compelling and compassionate personal circumstances will not count
towards the 180-day limit or 184 days/548 days in CR 2.2A
Compelling and compassionate personal circumstances includes the life-threatening
illness of the applicant or a close family or close relative. Close family members for
this purpose include a parent, partner, or child, a grandparent, brother, sister,
stepparent, uncle, aunt, and grandchildren.
The applicant is expected to provide evidence. For example, you may expect to see
a letter setting out the details of the circumstances, accompanied by supporting
documents such as medical certificates.
Compelling and compassionate circumstances are not limited to only the lifethreatening illness of the applicant or a close family member/relative and you will
need to judge each case on its merits. Factors you might consider include but are
not limited to:
• whether the reason is credible and evidenced
• whether it was in the applicant’s control
• was the absence planned, for example, not in response to urgent or
unexpected events
• was the applicant prevented from returning to the UK, or did they experience a
significant delay outside their control preventing them from returning the UK
Examples of evidence you might expect to see in such cases include, but are not
limited to:
• medical certificates or medical records that show:
o the applicant (or their dependent and/or child dependent) were unable to
return to the UK due to factors such as ill health affecting themselves or
family members
o urgent need to seek medical care from overseas services
o a medical appointment for the applicant that wasn’t planned before leaving
the UK and/or regularly taken overseas
• medical certificates or medical records attesting to life-threatening illness of a
close family member
• evidence of the role the applicant has played as a carer to a close family
member with a life-threatening or serious illness
• birth or death certificates

You will need as much evidence as possible of any medical appointments or interactions with the healthcare system to evidence that you were seriously depressed and receiving care for it. You may need official translations if your evidence is not in English. You should also probably write a cover letter in English to explain the circumstances.

With all this being said, the government last year decided that grants of pre-settled status will be automatically extended by five years https://the3million.org.uk/changes-to-p ... extensions so you don't have to apply straight away - you will get a confirmation of the extension of your pre-settled status.

So even if you do not apply now, or if your settled status is rejected, you will still have pre-settled status until July 2029. So, if you don't succeed this time, you can apply again in 2027 - but be careful about planning your absences and trips abroad.

Here is what I suggest you may try, as EUSS applications are free (but be advised that it is not certain it will work):

- Apply without supplying any extra documents. If you were not working in the UK at the time, you will fail the automated check.
- You will be asked to provide evidence that you lived here. Upload bank statements of your UK bank account (as long as you had transactions, even made online, that should be OK) See here what kind of evidence you can use https://www.gov.uk/guidance/eu-settleme ... -residence
- At this stage, submit your application without going into detail about your circumstances and see what they tell you. If they reject your application, apply again and supply all the medical docs I explained earlier.

If this fails, you can apply again in 2027 and keep living in the UK lawfully.