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

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  • ijk
    replied
    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?

    Leave a comment:


  • Louis M
    replied
    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.

    Leave a comment:


  • ClaudLatina
    replied
    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.

    Leave a comment:


  • ClaudLatina
    replied
    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.

    Leave a comment:


  • ijk
    replied
    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

    Leave a comment:


  • ijk
    replied
    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?

    Leave a comment:

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