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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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Reapply for presettlement

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  • Reapply for presettlement

    Hi
    My son is out of country more that 6 months already so he wont be able to apply for settlemet in the future.Is it possible to reapply for presettlemnt until 30.06 in order to get chance to apply for settlement one day? Just to restart presetlement stutus.I am afraid if he reapply for new presetllement in this moment he may jeopardize old presetlement stutus by doing that.Thank you.

  • #2
    Originally posted by Singi71 View Post
    Hi
    My son is out of country more that 6 months already so he wont be able to apply for settlemet in the future.Is it possible to reapply for presettlemnt until 30.06 in order to get chance to apply for settlement one day? Just to restart presetlement stutus.I am afraid if he reapply for new presetllement in this moment he may jeopardize old presetlement stutus by doing that.Thank you.
    Morning,

    It is possible to apply again, providing evidence of:
    1. Having been here at least one day before the end of 2020; and
    2. If that evidence is more than 6 months old, also having been here no more than 6 months ago, i.e. an additional item of evidence from this year.
    I sent an enquiry to the Home Office regarding this:


    Originally posted by Site admin asked

    Regarding the wording that says: “For pre-settled status, you’ll need to provide one document to show that you were resident in the UK before 31 December 2020. If that document is dated more than 6 months ago, you’ll also need to provide another document dated within the last 6 months to show that you have not broken your continuous residence."

    If someone was here last October and has proof of travel, statements, etc. Then came back in January 2021 and again in May 2021, and has stayed here since, will they be eligible to apply? The day in October is over 6 months ago, but, if we count from October, they have been here in October, January, and May. In the last 8 months, they have evidence of being here for 3 months, and if they stay here throughout the next 3 months, they will have been here for 6 months within an 11 month period. The way the above has been worded, they may think they are not eligible because, while they have been here in the last 6 months, the last time they were here prior to 31 December 2021 is more than 6 months ago, hence, they have not been here on a day that is both less than 6 months ago, and also before the end of 2020.

    Am I right in saying the wording above means that, if someone was here over 6 months ago, they can provide additional proof of being here less than 6 months ago, even if that’s in 2021?
    Originally posted by Home Office replied
    Applicants to the scheme should show that they were resident in the UK by 31 December 2020 and that their continuity of residence was not broken at that date. This means that they should evidence they were resident in the UK during the 6 months prior to the end of the transition period (i.e. evidence from between June and December).

    Whether they then need to provide further evidence from 2021 would depend on the age of the evidence provided from 2020. For example, anything that showed residence in December would confirm eligibility for pre-settled status for any applications received 6 months post that date. However, if it were dated June then we would only be able to accept this as evidence of residence up until December. It would not be sufficient to confirm unbroken residence for anyone who applied after that and so they would be required to provide further evidence from 2021 showing there was no break in continuity of residence.

    In the example above, residence from October would confirm they were here within 6 months of 31 December and so confirm their eligibility to apply. However, as more than six months has passed they should also provide a piece of evidence from 2021 to confirm they were not absent from the UK long enough for continuity of residence to be broken.

    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
      Originally posted by Singi71 View Post
      I am afraid if he reapply for new presetllement in this moment he may jeopardize old presetlement stutus by doing that.Thank you.
      If you look here: Multiple applications and re-applying

      ...you'll see:

      On page 51 of the EUSS Guidance you'll find:

      Further applications

      An applicant can only have one grant of limited or indefinite leave to enter or remain under the Immigration Rules at any one time. This means that, where a further valid application under the EU Settlement Scheme has been made after an earlier application under it has been decided:
      • if the earlier application resulted in refusal, rejection, withdrawal, treatment as void or in any outcome other than a grant of leave under the scheme, then the latest application must be considered in the normal way
      • if the earlier application resulted in settled status being granted, the further application must be treated as void
      • if the earlier application resulted in pre-settled status being granted, the further application must be considered in the normal way
      If you grant settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status.

      If you grant pre-settled status where the applicant has pre-settled status, then it will vary (replace) the earlier grant of pre-settled status. The date of the first grant of presettled status will remain the start date of their pre-settled status. The expiry date of their pre-settled status will be five years from the date of decision on the further application for pre-settled status.
      As can be seen above, the new application does not revoke nor change the date of the original pre-settled status, if successful, it only extends its validity.

      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


      • #4
        Following on from the above, if you look here: Absences and residence for people with pre-settled status

        ...you'll see:
        Pre-settled status lapses after spending a period of two years or longer, out of the UK.

        However, you need to make sure you maintain continuity of residence in order to secure settled status when pre-settled status expires, 5 years after it was granted.

        Although pre-settled status allows up to 2 years outside the UK without losing your status, if you spend more than 6 months outside the UK in any 12 month period, during the 5 years you need to get settled status, you will not be able to apply for settled status, nor will you be able to extend your pre-settled status.
        That means even if residence was broken for the purpose of obtaining settled status, it does not mean their pre-settled status would no longer be valid, not unless they'd spent more than two years out of the UK.

        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
          Also bear in mind there are provisions for an absence of no more than 12 months, for an important reason, this includes Covid provisions, however, the Home Office has withdrawn their previous guidance in this respect:

          ...where they say:
          This guidance was withdrawn on 6 May 2021

          This guidance has been withdrawn. An updated version will be published by 31 May 2021.
          Do keep an eye out for the new guidance.

          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


          • #6
            Finally, it is also possible to obtain status as a close family member of an EU national already resident in the UK and with EUSS status or eligible for it, as noted here: Applications from family members

            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. I am really grateful for everything.
              Just I am not sure If i understand well this sentence "As can be seen above, the new application does not revoke nor change the date of the original pre-settled status, if successful, it only extends its validity." Is ithis mean that if he will reapply and be granted to extend pre-presettlement Home office still will count his absence from his original pre-settled status and still wont be able to apply for settlment stutus?

              Comment


              • #8
                Originally posted by Singi71 View Post
                Hi
                Thank you so much. I am really grateful for everything.
                Just I am not sure If i understand well this sentence "As can be seen above, the new application does not revoke nor change the date of the original pre-settled status, if successful, it only extends its validity." Is ithis mean that if he will reapply and be granted to extend pre-presettlement Home office still will count his absence from his original pre-settled status and still wont be able to apply for settlment stutus?
                Morning,

                No, it doesn't mean that at all, the whole idea is precisely to have a longer period to build up the required residence to obtain settled status.

                I asked the Home Office whether the 5 year period had to beging before the end of 2020, and this was their response:
                Originally posted by Home Office said
                Applicants who hold pre-settled status, having applied for it again due to the Pandemic, may use any 5-year continuous residency period to prove their entitlement to settled status, whether that period starts before or after the 31 December 2020 deadline. Please note that if there is a gap in their residency period due to the Covd-19 pandemic, the continuous qualifying period may not necessarily be broken where the absence of more than 6 months (but less than12) is considered to be for a good reason. Please see the following guidance relating to this: Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK (Welcome to GOV.UK)
                It should be noted that the above provisions have, since, been withdrawn after Here For Good Law launched a legal challenge so, hopefully, we will be seeing enhanced provisions at the end of the month.

                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 sharing very important information with us.
                  I am really appreciate your effort and support in getting right to work and live in Uk.
                  Thanks and all the best.

                  Comment


                  • #10
                    Originally posted by Singi71 View Post
                    Thank you so much for sharing very important information with us.
                    I am really appreciate your effort and support in getting right to work and live in Uk.
                    Thanks and all the best.
                    Many thanks for your lovely words!

                    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
                      They were supposed to have published the updated guidance as of yesterday.
                      But ...
                      Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK

                      Comment


                      • #12
                        It appears it got postponed to June 11 per the following:


                        Here for Good
                        @HereForGoodLaw
                        Following our legal action, the @ukhomeoffice stated that new Covid-19 EUSS guidance would be published by May 31. However, on Friday, they told us and the Court that they would be unable to do this and that they would instead publish the new guidance by June 11.

                        Link

                        Comment


                        • #13
                          Originally posted by TexIT View Post
                          It appears it got postponed to June 11 per the following:


                          Here for Good
                          @HereForGoodLaw
                          Following our legal action, the @ukhomeoffice stated that new Covid-19 EUSS guidance would be published by May 31. However, on Friday, they told us and the Court that they would be unable to do this and that they would instead publish the new guidance by June 11.

                          Link
                          Thank you for the update. Site Admin FYI.

                          I am the Group Founder and also an Admin, please refer to our Admin Team, Roles and ResponsibilitiesIf 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
                            Originally posted by ClaudLatina View Post

                            Thank you for the update. Site Admin FYI.
                            Morning,

                            Yes, I got a notification when Here for Good Law tweeted about it during the Bank Holiday weekend. I guess we just have to wait and see...

                            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


                            • #15
                              Morning TexIT


                              The updated Covid provisions were published yesterday, please see: New Covid provisions for EU Settlement applications

                              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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