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Reapply for presettlement

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  • Singi71
    started a topic Reapply for presettlement

    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.

  • Singi71
    replied
    Thank you so much for update.
    It is really good news!
    Best wishes to everyone who apply!

    Leave a comment:


  • Site Admin
    replied
    Morning TexIT


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

    Leave a comment:


  • Site Admin
    replied
    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...

    Leave a comment:


  • ClaudLatina
    replied
    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.

    Leave a comment:


  • TexIT
    replied
    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

    Leave a comment:


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

    Leave a comment:


  • Site Admin
    replied
    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!

    Leave a comment:


  • Singi71
    replied
    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.

    Leave a comment:


  • Site Admin
    replied
    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.

    Leave a comment:


  • Singi71
    replied
    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?

    Leave a comment:


  • Site Admin
    replied
    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

    Leave a comment:


  • Site Admin
    replied
    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.

    Leave a comment:


  • Site Admin
    replied
    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.

    Leave a comment:


  • Site Admin
    replied
    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.

    Leave a comment:

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