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IMPORTANT UPDATE

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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6 month calculation

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  • 6 month calculation

    Good morning. Would like to know how the 180 day period in a year is calculated. Is it Jan to Dec, or based on the date you have been granted pre settled status. Tks

  • #2
    Originally posted by Matty View Post
    Good morning. Would like to know how the 180 day period in a year is calculated. Is it Jan to Dec, or based on the date you have been granted pre settled status. Tks
    Afternoon,

    It's not based on calendar years, the periods run depending on when you moved to the UK. You may want to look here: Absences and residence for people with pre-settled status

    ...where we have the following:

    Continuity of residence chart

    The chart below shows various scenarios, using 2020 as an example for someone who arrived in the UK in October 2019. You will see how they may or may not qualify for settled status under different scenarios, depending on whether they maintaned continuity of residence or broke it, as well as illustrating the provision to spend more than six months out of the UK for an important reason, including COVID where applicable.

    Click image for larger version  Name:	SettledStatusResidenceChart.jpg Views:	1 Size:	107.4 KB ID:	58159
    I hope the chart above clarifies matters.

    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
      Thank you

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      • #4
        I'm just saying, that the above chart is confusing me. Look at the second scenario, where there is that red X. It suggests, that they calculate the 6 months in days. But I think, this is not the case. If you think that second scenario over, 2019 December and 2020 January should be green months, as the applicant could show evidence for those months. As far as I know, one piece of evidence covers a whole month. The same in 2020 March and August. So, after all, there shouldn't be a red X. In my understanding, in the second scenario, the applicant would have only a 4 months gap.

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        • #5
          I understand it in second scenario... the minute you are over 180 days out of UK in the period beginning from the time you entered the UK, you become ineligible. Would appreciate clarification. Tk you.

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          • #6
            Globetrotter,

            I had the exact same question that you raised above regarding the second scenario in that chart. I think the site admin who responded to my post did not quite understand what I was asking, as their response didn't actually answer my question about evidence of daily spending counting as an entire month. You can read that post here: Question about "Continuity of residence chart" and evidence of spending in the UK - UKCEN Citizenship and Residence for European Nationals and their families

            I realize that the legal intent of the EUSS policy is for someone to not spend over 180 days out of the UK in any rolling twelve month period. Based on your thoughts and mine about those half months in scenario two above being credited as entire months with evidence of daily spending in those partial months, one could surmise that it would be possible for someone to travel to the UK for a week or two at the end of the month, three times a year, and thereby acquire evidence of spending in 6 different calendar months. For instance Jan 27-Feb 4, then again on May 27-June 4 and also on Sept 27-Oct 4th. Clearly, this should not be approved, but it illustrates the lack of clarity around evidence of spending, as purchases and withdrawals made in those three weeks would indeed provide the applicant with receipts of spending in each of the 6 months listed.

            My understanding is that it will be up to the discretion of the HO employee processing your claim for Settled Status, as to whether or not such limited spending would suffice to prove true continuous residency. There is also the possibility that the HO could begin to request a record of your entry/exit dates at the border, since they should be recording all entries, especially after July 1st. In the end, I think the site admin is somewhat limited in what they can offer regarding advice to someone asking about situations that clearly undermine the intent of the law. Although, like you, I'd still like to know what they think about it.

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            • #7
              Originally posted by Globetrotter View Post
              I'm just saying, that the above chart is confusing me. Look at the second scenario, where there is that red X. It suggests, that they calculate the 6 months in days. But I think, this is not the case. If you think that second scenario over, 2019 December and 2020 January should be green months, as the applicant could show evidence for those months. As far as I know, one piece of evidence covers a whole month. The same in 2020 March and August. So, after all, there shouldn't be a red X. In my understanding, in the second scenario, the applicant would have only a 4 months gap.
              Morning,

              Unfortunately we don't really have any precedent regarding people whose pre-settled status ran out, since the scheme has only be running for just over a couple of years. So we don't really know how this will work when the time comes. Any statements from them always say they take a proportionate approach and every case is assessed on its own merits, etc. so it's not possible to get much clarity. And that also means having to present a "worst case scenario" rather than the other way round. I wouldn't want people to see those as green months, forget about the whole thing and then, when they make an application in 2024, they get a nasty shock, if you see what I mean. At least this way they are aware there may be issues and, hopefully, can get some evidence to justify their absences if at all possible.

              So far, most people who applied for settled status came here and got a job, studied or stayed home with the family here in the UK, unless they were sent to work or study abroad or went abroad to have a baby, all these scenarios covered under the "important reason" for an absence over 6 months. There weren't that many who came here and then went away for months on end, not until the virus malarkey started last year, those who did spend more time abroad than allowed would have been granted pre-settled status instead, which wasn't as big an issue as being out of status when it runs out, so we haven't got anything to go by in this respect.

              Having said that, the Covid provisions put forward at the end of last year have been withdrawn after a legal challenge from Here for Good Law, so, hopefully, they will come back with more generous provisions, at which point we can update the charts.

              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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              • #8
                Originally posted by TexIT View Post
                Globetrotter,

                I had the exact same question that you raised above regarding the second scenario in that chart. I think the site admin who responded to my post did not quite understand what I was asking, as their response didn't actually answer my question about evidence of daily spending counting as an entire month. You can read that post here: Question about "Continuity of residence chart" and evidence of spending in the UK - UKCEN Citizenship and Residence for European Nationals and their families
                Morning,

                It's not a question of not understanding it, more about not knowing how the Home Office will actually assess these appilcations, as per my response:

                Originally posted by Site Admin View Post
                Since the EUSS only opened a couple of years ago, there's not yet been any cases where people have come to the expiry dates for their pre-settled status, it will be at least another 21/2 years before we can begin to see how all this is being approached in practice.
                Originally posted by TexIT View Post
                I realize that the legal intent of the EUSS policy is for someone to not spend over 180 days out of the UK in any rolling twelve month period. Based on your thoughts and mine about those half months in scenario two above being credited as entire months with evidence of daily spending in those partial months, one could surmise that it would be possible for someone to travel to the UK for a week or two at the end of the month, three times a year, and thereby acquire evidence of spending in 6 different calendar months. For instance Jan 27-Feb 4, then again on May 27-June 4 and also on Sept 27-Oct 4th. Clearly, this should not be approved, but it illustrates the lack of clarity around evidence of spending, as purchases and withdrawals made in those three weeks would indeed provide the applicant with receipts of spending in each of the 6 months listed.
                Indeed, it is a question of not really being able to tell how things will be considered. Say you have bank statements you are using to prove residence, and they show both UK and foreign transactions in the same month. On the one hand, the official guidance says that a document with a single date on it (such as a monthly statement) would cover that one month. On the other, if I saw 6 monthly statments all showing transactions abroad, as well as in the UK, as a caseworker, would this really mean they can be regarded as having spent that whole month in the UK, even though that's clearly not the case? I think I'd have to pass this on to my supervisor!

                Originally posted by Site Admin View Post
                My understanding is that it will be up to the discretion of the HO employee processing your claim for Settled Status, as to whether or not such limited spending would suffice to prove true continuous residency. There is also the possibility that the HO could begin to request a record of your entry/exit dates at the border, since they should be recording all entries, especially after July 1st. In the end, I think the site admin is somewhat limited in what they can offer regarding advice to someone asking about situations that clearly undermine the intent of the law. Although, like you, I'd still like to know what they think about it.
                We have another situation, where people have obtained pre-settled status from abroad based on evidence of employment or university enrolment in the UK, but they've been working/studying remotely from abroad. At the moment, we know evidence of employment or enrolment in a UK educational establishment is proof of residence, but what we don't know is whether, in the future, they may decide to request additional evidence of actually being here.

                For now we need to wait for the new Covid provisions to come up at the end of the month as promised: Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK

                Hopefully it will be able to post up better charts after they come up!

                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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                • #9
                  This may be of interest in relation to the above: HereForGoodLaw tweet

                  Click image for larger version  Name:	HFGTweet.png Views:	1 Size:	106.1 KB ID:	66716



                  As it is claimed as a huge victory, it does sound promising!

                  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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