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EU Settlement Scheme : Re-applying for pre-settled status and evidences required

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  • ANSWERED EU Settlement Scheme : Re-applying for pre-settled status and evidences required

    Hello,

    I am an EU citizen and moved to UK in 2019. I have received the pre-settled status.

    I was out of UK from 1-Nov-2020 till 21-April-2021. In other words, I was outside of UK for 171 days.

    I want to re-apply for the pre-settled status. I am planning to re-apply for it in June 2021. Am I eligible to re-apply for the pre-settled status?

    I have documents to prove my residence before 31-Dec-2020. For example Utility bills for Oct 2020 and before that. I also have documents to prove my residence
    from 22-April-2021 on wards. Is this enough?

    I was going through this forum and found that "In order to make a new application for pre-settled status, you'll need to show:

    1. Having been here at least one day before the end of 2020; and
    2. No more than 6 months ago, on the day you make the application"

    I am not able to understand completely the 2nd point. Can some one please explain with example? You can take my dates above to explain.

    Thanks and advance

  • #2
    Hello,

    I am an EU citizen and have got the pre-settled status. Couple of weeks before I called EU Resolution center and asked if I can apply for the pre-settled status again. If I apply again, will the be any harm? For example what will happen if my application is successful and what will happen if my application is rejected?

    I was told that, if my application is rejected then it will not harm my first decision and my first pre-settled will be still valid. I was also told that if my application is successful then I will get the pre-settled status for 5 years from the date I get my decision. Hence my start date will be the same which is mentioned in the first successful application and my end date will be changed as per the new end date which I will receive from the 2nd application.

    However, when I called EU Resolution center on 23-May-2021 and asked the same question just to confirm, I was told that if my 2nd application is rejected then it will override my first decision and it will be treated as rejected. According to EUSS, a person can not have 2 statuses at the same time and in this case, I will have to leave UK. This was quite shocking and confusing!!

    What is the truth and what is the correct information as I have got 2 different and exactly opposite answers for the same question?

    Can you please confirm what will happen if I or any person who already received the pre-settled status applies again for it? Will the decision for the 2nd application override the first decision and will be designated as final decision or if the decision for the 2nd application is rejected then still the first pre-settled will be valid till it expires?

    The document "EU Settlement Scheme:EU, other EEA and Swiss citizens and their family members", on page 52, does not mention this scenario. Also on this page at the bottom it mentions "The information on this page has been removed as it is restricted for internal Home Office use." Does EUSS want to hide this information?

    Comment


    • #3
      I think you mean you have document to prove your residence before 31 Dec 2020, am I correct?
      Yes, you are correct! I mean that I have document to prove my residence before 31 Dec 2020

      Comment


      • #4
        Originally posted by ijk View Post

        Yes, you are correct! I mean that I have document to prove my residence before 31 Dec 2020
        I will edit your post to make sure it is clear.

        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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

        Comment


        • #5
          Originally posted by ijk View Post

          Hello,

          I am an EU citizen and moved to UK in 2019. I have received the pre-settled status.

          I was out of UK from 1-Nov-2020 till 21-April-2021. In other words, I was outside of UK for 171 days.

          I want to re-apply for the pre-settled status. I am planning to re-apply for it in June 2021. Am I eligible to re-apply for the pre-settled status?

          I have documents to prove my residence before 31-Dec-2020. For example Utility bills for Oct 2020 and before that. I also have documents to prove my residence
          from 22-April-2021 on wards. Is this enough?

          I was going through this forum and found that "In order to make a new application for pre-settled status, you'll need to show:

          1. Having been here at least one day before the end of 2020; and
          2. No more than 6 months ago, on the day you make the application"

          I am not able to understand completely the 2nd point. Can some one please explain with example? You can take my dates above to explain.


          Couple of weeks before I called EU Resolution center and asked if I can apply for the pre-settled status again. If I apply again, will the be any harm? For example what will happen if my application is successful and what will happen if my application is rejected?

          I was told that, if my application is rejected then it will not harm my first decision and my first pre-settled will be still valid. I was also told that if my application is successful then I will get the pre-settled status for 5 years from the date I get my decision. Hence my start date will be the same which is mentioned in the first successful application and my end date will be changed as per the new end date which I will receive from the 2nd application.

          However, when I called EU Resolution center on 23-May-2021 and asked the same question just to confirm, I was told that if my 2nd application is rejected then it will override my first decision and it will be treated as rejected. According to EUSS, a person can not have 2 statuses at the same time and in this case, I will have to leave UK. This was quite shocking and confusing!!

          What is the truth and what is the correct information as I have got 2 different and exactly opposite answers for the same question?

          Can you please confirm what will happen if I or any person who already received the pre-settled status applies again for it? Will the decision for the 2nd application override the first decision and will be designated as final decision or if the decision for the 2nd application is rejected then still the first pre-settled will be valid till it expires?

          The document "EU Settlement Scheme:EU, other EEA and Swiss citizens and their family members", on page 52, does not mention this scenario. Also on this page at the bottom it mentions "The information on this page has been removed as it is restricted for internal Home Office use." Does EUSS want to hide this information?
          Louis M could you kindly comment on the above? Many thanks.

          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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

          Comment


          • #6
            My understanding is that if the application is refused then the existing leave will remain extant (in force). If the Home Office want to cancel his leave then they would need some lawful basis to do so - such as criminality. They cannot cancel someone's leave just because a second application is refused - and the person still has valid leave.

            I am an immigration solicitor regulated by the Law Society of England and Wales.  I work at Truth Legal Solicitors where I am Head of Immigration. 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 Louis M for full details.

            Comment


            • #7
              Thanks for your reply. I called EUSS couple of times and every time when I sought clarification on this, I was told that if the 2nd pre-settled application is rejected then it will also reject the first successful application. All the EUSS advisor on call will not give wrong information. But, the strange thing is that they have not mentioned this rule in their handbook. One needs to be very careful while applying for pre-settled status 2nd time. Do you get a chance to call them and discussed this, as you being a lawyer they may tell you the truth. I am extremely sorry to trouble you. If whatever they are saying is correct then all those who are applying 2nd time, are putting their UK residence in danger.

              Also, can you please also comment on my first question, which month's residence proof I need to give in order to prove my residence before 31 Dec 2020 and residence for 2021?

              When I called EUSS and told them that I was outside of UK from 1-Nov-2020 till 21-April-2021 (Total 172 days) and I want to apply for the pre-settled status. So, the documents which I am going to provide is the utility bill for the month of Oct-2020 to prove my residence before 31-Dec-2020 and another document which I am going to provide is utility bill for the month of April-2021 to prove my residence for 2021. But, I was told that to prove my residence in 2021, I will need to attach residence proof for the month of December 2020. If I do not have residence proof for Dec 2020 then better I should not apply for it as there are chances that my application will get rejected and if so, my first application will also get rejected with it. What EUSS says, since I am applying in June 2021, they need the residence proof 6 months before that.

              I find it very odd. Why do they need the evidence from Dec 2020? Will the evidence from April 2021 not enough to prove that I have not broken the continuous residence? Is there any mistake in my understanding here? Will the residence proof for April-2021 work in this case?

              Comment


              • #8
                Originally posted by ijk View Post
                Thanks for your reply. I called EUSS couple of times and every time when I sought clarification on this, I was told that if the 2nd pre-settled application is rejected then it will also reject the first successful application. All the EUSS advisor on call will not give wrong information. But, the strange thing is that they have not mentioned this rule in their handbook. One needs to be very careful while applying for pre-settled status 2nd time. Do you get a chance to call them and discussed this, as you being a lawyer they may tell you the truth. I am extremely sorry to trouble you. If whatever they are saying is correct then all those who are applying 2nd time, are putting their UK residence in danger.

                Also, can you please also comment on my first question, which month's residence proof I need to give in order to prove my residence before 31 Dec 2020 and residence for 2021?

                When I called EUSS and told them that I was outside of UK from 1-Nov-2020 till 21-April-2021 (Total 172 days) and I want to apply for the pre-settled status. So, the documents which I am going to provide is the utility bill for the month of Oct-2020 to prove my residence before 31-Dec-2020 and another document which I am going to provide is utility bill for the month of April-2021 to prove my residence for 2021. But, I was told that to prove my residence in 2021, I will need to attach residence proof for the month of December 2020. If I do not have residence proof for Dec 2020 then better I should not apply for it as there are chances that my application will get rejected and if so, my first application will also get rejected with it. What EUSS says, since I am applying in June 2021, they need the residence proof 6 months before that.

                I find it very odd. Why do they need the evidence from Dec 2020? Will the evidence from April 2021 not enough to prove that I have not broken the continuous residence? Is there any mistake in my understanding here? Will the residence proof for April-2021 work in this case?
                Louis M (lawyer) could you kindly help with the above questions? Many thanks.

                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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                Comment


                • #9
                  Originally posted by ijk View Post
                  Thanks for your reply. I called EUSS couple of times and every time when I sought clarification on this, I was told that if the 2nd pre-settled application is rejected then it will also reject the first successful application. All the EUSS advisor on call will not give wrong information.
                  Morning,

                  This is very concerning, they do appear to be providing the wrong information, since this contradicts both what the written EUSS guidance states and what I have got time and again from the EUSS team.

                  Originally posted by ijk View Post
                  But, the strange thing is that they have not mentioned this rule in their handbook.
                  They do say the exact opposite in the guidance:


                  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.


                  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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                  Comment


                  • #10

                    Originally posted by ijk View Post
                    One needs to be very careful while applying for pre-settled status 2nd time.
                    As above, that's not the case, and our lawyer has also confirmed it. Do bear in mind that pre-settled status only lapses after spending TWO YEARS OR LONGER, out of the UK, or it can be revoked due to criminality. If neither of these events has happened, then the previously granted leave to remain is still valid.


                    Originally posted by ijk View Post
                    Do you get a chance to call them and discussed this, as you being a lawyer they may tell you the truth. I am extremely sorry to trouble you. If whatever they are saying is correct then all those who are applying 2nd time, are putting their UK residence in danger.
                    I do get a chance to speak to them live online during our regular monthly meetings, as well as to contact them via email, the people I'm in touch with are the more senior EUSS people as opposed to the ones who answer the phones. In fact, one of them is the Head of the EUSS team, so I should think their responses are accurate, and they do match up with the written guidance I've just quoted above. There seems to be a bit of an internal communication issue there if the people answering the phone are saying things that contradict the guidance. If you want me to make enquiries about this you may wish to drop an email to admin@ukcen.com providing as much detail as you can regarding the calls. If you have details of the person(s) you spoke to, you may want to include them (privately in your email, not here), otherwise the dates and times of your calls.

                    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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                    Comment


                    • #11
                      Originally posted by ijk View Post
                      Also, can you please also comment on my first question, which month's residence proof I need to give in order to prove my residence before 31 Dec 2020 and residence for 2021?

                      When I called EUSS and told them that I was outside of UK from 1-Nov-2020 till 21-April-2021 (Total 172 days) and I want to apply for the pre-settled status. So, the documents which I am going to provide is the utility bill for the month of Oct-2020 to prove my residence before 31-Dec-2020 and another document which I am going to provide is utility bill for the month of April-2021 to prove my residence for 2021. But, I was told that to prove my residence in 2021, I will need to attach residence proof for the month of December 2020. If I do not have residence proof for Dec 2020 then better I should not apply for it as there are chances that my application will get rejected and if so, my first application will also get rejected with it. What EUSS says, since I am applying in June 2021, they need the residence proof 6 months before that.

                      I find it very odd. Why do they need the evidence from Dec 2020? Will the evidence from April 2021 not enough to prove that I have not broken the continuous residence? Is there any mistake in my understanding here? Will the residence proof for April-2021 work in this case?
                      This was the subject of one of my enquiries as noted above:


                      Originally posted by Site Admin asked
                      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 EUSS team responded
                      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.
                      So, once more, what you heard over the phone appears to be different to what it should be, bearing in mind I got the above in writing, and I've even got the name of the person who sent me the email quoted above.

                      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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                      Comment


                      • #12
                        Originally posted by EUSS team responded
                        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.


                        So, once more, what you heard over the phone appears to be different to what it should be, bearing in mind I got the above in writing, and I've even got the name of the person who sent me the email quoted above.
                        Thanks a lot for your reply. I really appreciate it! So, If I understand this correctly, my first residence evidence for the month of Oct 2020 would confirm I was here within 6 months of 31 December and so confirms my eligibility to apply for pre-settled status. However, since I am applying in June 2021 which is beyond 6 months from Oct 2020, my second residence evidence for the month of April 2021 (which is within 6 months from Oct 2020) confirms I was not absent from the UK long enough for continuity of residence to be broken.

                        Hence conclusion is that if I apply with these 2 residence evidences, 1st for the month of Oct 2020 and 2nd for the month of April 2021, will not cause any issues regarding my eligibility front and will make me eligible for pre-settled status. Is my understanding correct?

                        Comment


                        • #13
                          Originally posted by ijk View Post

                          Thanks a lot for your reply. I really appreciate it! So, If I understand this correctly, my first residence evidence for the month of Oct 2020 would confirm I was here within 6 months of 31 December and so confirms my eligibility to apply for pre-settled status. However, since I am applying in June 2021 which is beyond 6 months from Oct 2020, my second residence evidence for the month of April 2021 (which is within 6 months from Oct 2020) confirms I was not absent from the UK long enough for continuity of residence to be broken.

                          Hence conclusion is that if I apply with these 2 residence evidences, 1st for the month of Oct 2020 and 2nd for the month of April 2021, will not cause any issues regarding my eligibility front and will make me eligible for pre-settled status. Is my understanding correct?
                          Morning,

                          That's pretty much the idea as per my example above and their response.

                          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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                          Comment


                          • #14
                            Originally posted by ijk View Post
                            I find it very odd. Why do they need the evidence from Dec 2020? Will the evidence from April 2021 not enough to prove that I have not broken the continuous residence? Is there any mistake in my understanding here? Will the residence proof for April-2021 work in this case?
                            Here it does sound like they only thought in terms of "before the end of last year and no more than 6 months ago" which, by now, would only leave the last few weeks in December, and this was also my original interpretation of the requirement, however, as you can see, there is also the option to provide evidence for 2021 to prove that there's been no continuous absence of 6 months or longer, which makes perfect sense when you look at it this way.

                            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 now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

                            Comment


                            • #15
                              I do get a chance to speak to them live online during our regular monthly meetings, as well as to contact them via email, the people I'm in touch with are the more senior EUSS people as opposed to the ones who answer the phones. In fact, one of them is the Head of the EUSS team, so I should think their responses are accurate, and they do match up with the written guidance I've just quoted above. There seems to be a bit of an internal communication issue there if the people answering the phone are saying things that contradict the guidance. If you want me to make enquiries about this you may wish to drop an email to admin@ukcen.com providing as much detail as you can regarding the calls. If you have details of the person(s) you spoke to, you may want to include them (privately in your email, not here), otherwise the dates and times of your calls.
                              Hello, I have sent you an email with the details. I would really appreciate you can go through it and do the needful.
                              Thank you so much for your great efforts !

                              Comment

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