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IMPORTANT UPDATE

There are provisions for late applications for those who missed the June 30th deadline. 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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Elegibility to Settled Status

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  • LAWYER RESPONSE Elegibility to Settled Status

    Hi All,

    I studied in U.K. from September 2017 to September 2018 and then I started living in London and have been working for a company domiciled in U.K. since 7th January 2019.
    The U.K. government granted to me the pre-settled status on 30th October 2019 while I was working for this company domiciled in U.K., London. On 26th June 2020, I came back to Europe (Italy) and worked from there because of Covid-19 outbreak until I resigned from this company domiciled in London on 31st August 2020. Finally, from the beginning of September 2020 until now I have worked for a company domiciled in Luxembourg and I am still living here.
    At the moment I am thinking to go back to U.K. and live there indefinitely.
    My question is - if I came back by 31st May 2020, could I still be eligible to obtain the settled status on October 2024? Also, could this work period in Luxembourg be falling under the "overseas posting". Otherwise, what would it likely be my 'destiny' once the pre-settled status will have expired?

    Many thanks for your help.

  • #2
    Gabriella B (lawyer) Am I right in saying they wouldn't be able to get settled status, since I can't see who their long absence would fall under the "important reason" category, as their employment isn't really an overseas posting at all. Would the skilled worker visa be their option?

    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.

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    • #3
      I agree that choosing to work abroad is very different from been posted overseas, so in my view it would not count as an important reasons, as @siteadmin says. It would be a matter of asking the UKVI to exercise discretion, or check which other routes are available before the pre settled expires

      I am the director of MGBe Legal, an OISC regulated company. I am also a volunteer with UKCEN, where I provide one-off advice on a pro-bono basis. This advice should not be considered a substitute for formal legal advice. Please see Gabriella B for full details.

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