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New Covid provisions for EU Settlement applications have been published. They include Provisions allowing an absence of over 12 months for people with pre-settled status, a provision for a second absence of up to 12 months and for choosing to spend time out of the UK over Covid related issues

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Question about settled status after nine years out of the UK

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  • LAWYER RESPONSE Question about settled status after nine years out of the UK

    Hi,
    I’m an EU citizen and used to live in the UK for over 10 years (as self-employed person) but moved away now about nine years ago. My three children have UK citizenships and passports. Can I also apply for a citizenship and then get UK passport? Or do I need to live in the UK to be able to apply? If so, how long would I need to live in the UK before I can apply?

  • #2
    Originally posted by Ladyinred View Post
    Hi,
    I’m an EU citizen and used to live in the UK for over 10 years (as self-employed person) but moved away now about nine years ago. My three children have UK citizenships and passports. Can I also apply for a citizenship and then get UK passport? Or do I need to live in the UK to be able to apply? If so, how long would I need to live in the UK before I can apply?
    Hello,

    You need to live in the UK in order to be able to apply for citizenship, and you will also need to meet other criteria, such as having ILR (settled status), which requires living here for at least 5 years. If you have been out of the UK for 9 years, you'd have lost any rights acquired by living here for 10 years in the past, as you'd lose your right to apply for settled status based on an earlier period of residence if you spend 5 years or longer, living abroad. In order to have any status on the UK, you'd need to come back before the end of the year, in order to be able to apply under the EU settlement scheme.

    If you came back to the UK during those 9 years, you may still be able to apply for settled status, but we'd need to know the full details of your trips back to the UK during those 9 years.

    As things stand now, you wouldn't be eligible for citizenship.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

    Comment


    • #3
      Ok,

      thank you for the answer. I have been visiting UK approximately every 2 years since I moved away from UK. Trips being from 3 days to about 10 days in duration, first one in 2012 and the last one being around Christmas time 2018.
      Would this make any difference in regards of applying for a settled status?



      Comment


      • #4
        Originally posted by Ladyinred View Post
        Ok,

        thank you for the answer. I have been visiting UK approximately every 2 years since I moved away from UK. Trips being from 3 days to about 10 days in duration, first one in 2012 and the last one being around Christmas time 2018.
        Would this make any difference in regards of applying for a settled status?
        Morning,

        Yes, it should make a difference and you should be able to obtain settled status, provided you can show BOTH having lived here for 5 continuous years in the past AND having returned to the UK on those occasions, by providing evidence of those visits. As this isn't a conventional application, you may need to liaise with the EUSS resolution team.

        Once thing you should be aware of, is that the deadline for EEA nationals to move to the UK and be eligible to apply under the EUSS is the end of this year.

        If, for whatever reason, your settled status application fails, you would not be granted pre-settled status if you haven't been in the UK in the last 6 months.

        This situation is unlike that of most other EEA applicants who fail to get settled status due to residence issues, but are still granted pre-settled. While some decisions are made quickly, some applications do take a long time. In the event your settled status application did not succeed, if it's before the end of the year, you could still come here and make a new application for pre-settled status, based on being here one day in the last six months, but this will no longer be an option from January 1st. Although the deadline to apply is the end of June, applicants will need to show they came here before the end of this year. My concern would be if your application from abroad takes longer than 3 1/2 months and you don't get a decision before the end of the year, if it's not successful, then you'd have missed out on the opportunity to apply for pre-settled status by not being here before the end of this year. I hope this makes sense.

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

        Comment


        • #5
          Hi,

          thank you very much for the advice. So I can apply the settled status even if I’m not currently living in the UK? As a proof of visiting UK in recent years, would a credit card statement or something similar be enough as evidence of a visit as I have not kept the boarding passes of the flights. Furthermore, if I would be able to apply and the application would be successful, for how long would the settled status be valid for and would it be affected if I did not live in the UK continuesly.

          Comment


          • #6
            Originally posted by Ladyinred View Post
            Hi,

            thank you very much for the advice. So I can apply the settled status even if I’m not currently living in the UK?
            Morning,

            It is possible to apply from abroad, as long as you are able to do the whole thing on your phone using the app.
            Originally posted by Ladyinred View Post
            As a proof of visiting UK in recent years, would a credit card statement or something similar be enough as evidence of a visit as I have not kept the boarding passes of the flights.
            Statements can be used as long as they show physical transactions in the UK as opposed to anything that could have been done remotely, online, etc.

            Originally posted by Ladyinred View Post
            Furthermore, if I would be able to apply and the application would be successful, for how long would the settled status be valid for and would it be affected if I did not live in the UK continuesly.
            Settled status lapses after spending 5 continuous years out of the UK. As previously noted, the clock should reset with each visit.

            I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

            Comment


            • #7
              Hi,
              thank you so much for the advice. When filling in the application, and if I need help, I could get help from the EUSS resolution team? How could I contact them?

              Comment


              • #8
                Originally posted by Ladyinred View Post
                Hi,
                thank you so much for the advice. When filling in the application, and if I need help, I could get help from the EUSS resolution team? How could I contact them?
                You can contact them online via the contact form or by phone, details here: Resolution Centre

                However, if you submit an application and the automated checks do not show enough data for a grant of settled status, you will be asked to provide additional evidence, it is at this point that you'll need to supply what you have, and they may contact you, asking you to forward certain things by email, etc. You'll only knowt he exact details once you start the application.

                I think I forgot to say above, that the EU Exit app can only be downloaded from within the EEA area. If you're outside the EEA, please let us know.

                I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                Comment


                • #9
                  Thank you so much for the advice. I’m within EU so hopefully the app will work. I’ll let you know about the outcome.

                  Comment


                  • #10
                    Flagging this up to bring up at the meeting regarding people who moved out of the UK over 5 years ago but should have reset the clock with regular visits.

                    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                    Comment


                    • #11
                      I've just asked this question at the meeting and the answer was a resounding YES from the EUSS team, who said they should be able to obtain settled status as long as they can evidence both their past UK residence and their regular visits to the UK. Bank statements showing UK transactions, flights, etc. should be accepted.

                      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                      Comment


                      • #12

                        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                        Comment


                        • #13
                          I've made this post "sticky" so other applicants can see it is possible to get settled status relying on an earlier period despite having moved out of the UK years ago, as long as there is no continuous 5 year period without returning.

                          I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                          Comment


                          • #14
                            Omg, this is such a good news. I’m actually in same shoes. I moved to UK in 1999 and in 2011 moved to switzerland, so for 9 years I’m not in uk. But every year I’m there at least 2-3 times on different occasions. I have still a bank account in there, which I use to pay in some money regularly and while in uk I use it for purchases. 2-3 years back I opened isa account. Somwhere between 2015 -2017 I had a work contract in UK (but worked mostly online)
                            do you think i should be able to get settled status? But I haven’t been to uk last 1 year due to corona .

                            Comment


                            • #15
                              Originally posted by Leyla76 View Post
                              Omg, this is such a good news. I’m actually in same shoes. I moved to UK in 1999 and in 2011 moved to switzerland, so for 9 years I’m not in uk. But every year I’m there at least 2-3 times on different occasions. I have still a bank account in there, which I use to pay in some money regularly and while in uk I use it for purchases. 2-3 years back I opened isa account. Somwhere between 2015 -2017 I had a work contract in UK (but worked mostly online)
                              do you think i should be able to get settled status? But I haven’t been to uk last 1 year due to corona .
                              As can be seen above, the main point is not having spent a continuous 5 year period, out of the UK, just one year shouldn't be an issue. An ISA wouldn't be very good for evidence since you don't make physical transactions from that account, but anything that shows you lived here at least 5 yeras and have not spent 5 years without coming back should do the trick.

                              I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever as the deadline approaches.

                              Comment

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