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

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  • 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

  • Site Admin
    replied
    Originally posted by ijk View Post
    Hello Site Admin



    I have got further new information on this front. Today the EUSS advisor on the call informed me that rejected 2nd pre-settled application will not replace the 1st successful application. However, even if your 2nd pre-settle application is successful, it will not replace / extend the expiry date of your pre-settle status. Which means your start and end date of pre-settle status will remain the same as per your 1st pre-settle status.

    This is something new. Have you got any information in this regard. Can we get this in writing from EUSS or from the EUSS Head?

    It seems they are changing their policies on daily basis
    Hello again,

    We seem to be going round in circles with this. The writtend guidance hasn't changed at all. Although it was updated in May, this was only to include the grounds for late applications, the paragraph in question has been there since last year, which very clearly says:

    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 pre-settled status will remainthe 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.
    You will find this on page 52 of the EUSS Guidance, so we already have it in writing where it should be.

    Leave a comment:


  • Site Admin
    replied
    Originally posted by maakm View Post

    Site Admin I have the same concern as above pointed by zarag.
    What about all those people who were in UK before 31st December but left UK. Those people re-applied PSS in June 2021 within 6 months when they were in UK to reset their PSS. But they were not in UK at the time of application.
    Morning,

    When you make an application, they ask you if you are in the UK or otherwise, if required, they ask them for additional evidence.

    Leave a comment:


  • ijk
    replied
    Hello Site Admin

    Morning,

    The Head of EUSS Caseworkers is the person I sent the emails to, so it seems to have done the trick!

    I mean in terms of training rather than policy, since this has been written in the guidance since last year. Also note that the people who man the resolution centre are not the caseworkers themselves, they are not the people who make the decisions, so it wasn't an issue of wrong decision making, just a comms issue.
    I have got further new information on this front. Today the EUSS advisor on the call informed me that rejected 2nd pre-settled application will not replace the 1st successful application. However, even if your 2nd pre-settle application is successful, it will not replace / extend the expiry date of your pre-settle status. Which means your start and end date of pre-settle status will remain the same as per your 1st pre-settle status.

    This is something new. Have you got any information in this regard. Can we get this in writing from EUSS or from the EUSS Head?

    It seems they are changing their policies on daily basis

    Leave a comment:


  • maakm
    replied
    Originally posted by zarag View Post

    Point 2

    I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.

    .> Doesnt the bolded bit mean that you would need to be in the UK to reapply even if you were in the UK on 31 December 2021?

    Many thanks for your continued help.
    Site Admin I have the same concern as above pointed by zarag.
    What about all those people who were in UK before 31st December but left UK. Those people re-applied PSS in June 2021 within 6 months when they were in UK to reset their PSS. But they were not in UK at the time of application.

    Leave a comment:


  • ijk
    replied
    Hello Site Admin ,
    Indeed your emails worked ! Thanks a lot for taking this ahead and nailing it down. I really appreciate it !

    Thanks again

    Leave a comment:


  • Site Admin
    replied
    Originally posted by ijk View Post
    Hello Site Admin ,

    I have an update on this issue. Yesterday I call EUSS and spoke to the advisor and asked the same question - "What will happen to the 1st successful pre-settle application if the 2nd pre-settle application is rejected ?".

    I was told that, they have received an email from their head according to which even if the 2nd pre-settle application is rejected, it will not replace the 1st successful application.
    Morning,

    The Head of EUSS Caseworkers is the person I sent the emails to, so it seems to have done the trick!

    I mean in terms of training rather than policy, since this has been written in the guidance since last year. Also note that the people who man the resolution centre are not the caseworkers themselves, they are not the people who make the decisions, so it wasn't an issue of wrong decision making, just a comms issue.

    Originally posted by ijk View Post
    However, in that case the person needs to request EUSS to remove the 2nd rejected application from his record, otherwise, it will show the latest status as rejected.
    I can see how that would happen, and it shouldn't be too difficult to get it sorted.

    Originally posted by ijk View Post
    I asked the advisor if she can forward that email to me or point me if it is mentioned in gov.uk site. The advisor informed the she can not forward that to me as that email was from their internal communication and also it is not mentioned in the gov.uk site
    They can't forward internal comms to people outside the organisation, that's in common with every organisation, and it would result in disciplinary action if they did. It isn't on the website but it is in the guidance I've been referring to, which is publicly available and much more detailed than the web pages.

    Originally posted by ijk View Post
    This was something new for me hence thought of sharing with you.
    Thanks for the update, looks like my emails have worked!

    Leave a comment:


  • ijk
    replied
    Hello Site Admin ,

    I have an update on this issue. Yesterday I call EUSS and spoke to the advisor and asked the same question - "What will happen to the 1st successful pre-settle application if the 2nd pre-settle application is rejected ?".

    I was told that, they have received an email from their head according to which even if the 2nd pre-settle application is rejected, it will not replace the 1st successful application. However, in that case the person needs to request EUSS to remove the 2nd rejected application from his record, otherwise, it will show the latest status as rejected.

    I asked the advisor if she can forward that email to me or point me if it is mentioned in gov.uk site. Advisor informed the she can not forward that to me as that email was from their internal communication and also it is not mentioned in the gov.uk site

    This was something new for me hence thought of sharing with you.

    Leave a comment:


  • Site Admin
    replied
    Originally posted by ijk View Post

    Site Admin Sorry to bother you, have you got any updates on this issue from EUSS, why the advisors give contradicting information on the call?

    Thanks for your continuous support!
    Morning

    Although I have not received a response regarding that specific enquiry, I made a slightly different enquiry and I received the following response:

    Originally posted by EEA Applications said
    I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.
    Although the response came from the generic EEA Applications email address, I do have the full details of the person who provided this response, which shall remain private as agreed, however, should anyone experience any issues with a second application, they could easily be referred back to the above response.

    Leave a comment:


  • ijk
    replied
    Hello again,

    As per my post on the other thread, I have forwarded a further enquiry about this after yesterday's meeting:

    A number of people who broke their continuity of residence due to Covid decided to make a new application for pre-settled status to restart their residence, this was also indicated in the previous version of the Covid provisions published at the end of December 2020 and provided for in the guidance, where it is stated that a new grant of pre-settled status would extend the validity of the current leave, while the start date of their leave remains the unchanged. However, when contacting the EUSS resolution centre over the phone, people have been told that, in the event their second application for pre-settled status was unsuccessful on eligibility grounds (usually because they were not able to prove residence under 6 months ago, despite being here before the end of last year), their original leave would be revoked, effectively leaving them out of status! This is in direct contradiction to what the written guidance says, and it’s quite concerning that people are being told their initial status would be revoked.


    Site Admin Sorry to bother you, have you got any updates on this issue from EUSS, why the advisors give contradicting information on the call?

    Thanks for your continuous support!

    Leave a comment:


  • zarag
    replied
    sorry, I do not know how to quote, but the following bits are a little unclear:

    "In regards to those EEA citizens who have been outside of the UK because of the COVID-19 pandemic, the Government’s current position is that if an EEA citizen, or a person with whom they are living, is suffering from the disease and they are either too ill to travel or forcibly in quarantine for public health reasons, we will consider an absence in excess of six months (but less than 12 months) to be for an important reason, thus the EEA citizen would be able to maintain their residence in the UK."

    >> this is not in line with what has been circulated about the consideration up to 12 months for e.g. choosing a country where there are less restrictions, or what am I missing?


    Point 2

    I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.

    .> Doesnt the bolded bit mean that you would need to be in the UK to reapply even if you were in the UK on 31 December 2021?

    Many thanks for your continued help.

    Leave a comment:


  • zarag
    replied
    Sorry Site Admin for stupidity again, but I do not understand that answer at all. Does your absence count from the day you left the UK or the granting of your status?

    Leave a comment:


  • Site Admin
    replied
    As can be seen above, it's perfectly fine to re-apply. As for when the period starts, you simply need to have built up enough residence to be able to obtain settled status by the date when your pre-settled expires, subject to the provisions noted above. But you don't need to wait till it expires if you are able to show 5 years' residence before then, that's just your ultimate deadline.

    Leave a comment:


  • Site Admin
    replied
    Originally posted by zarag View Post
    hi, i dont understand. Doesnt the clock of your absence from the Uk start from where you actually left the UK? Not when you were granted the PSS?
    Well, yesterday I sent an enquiry to the Home Office, their (very long) response was as follows:


    Originally posted by EEA Applications said
    Our Policy colleagues have informed that under both EU free movement and the EU Settlement Scheme, any EEA citizen will be allowed a single period of absence of up to 12 months in any five year continuous qualifying period where that absence is for an important reason. Usually, those important reasons include overseas study, childbirth and things of that nature, but it can also include serious illness.

    In regards to those EEA citizens who have been outside of the UK because of the COVID-19 pandemic, the Government’s current position is that if an EEA citizen, or a person with whom they are living, is suffering from the disease and they are either too ill to travel or forcibly in quarantine for public health reasons, we will consider an absence in excess of six months (but less than 12 months) to be for an important reason, thus the EEA citizen would be able to maintain their residence in the UK.

    The latest guidance in relation to COVID based absences from the UK is contained within the link below, this reflects our latest policy position adopted to account for the limited time that is now left before the end of the grace period on the 30 June 2021.

    Coronavirus (COVID-19): EU Settlement Scheme - guidance for applicants - GOV.UK (Welcome to GOV.UK)

    In terms of extended or prolonged absences from the UK I would proceed to direct you to the definitions section of Appendix EU duly paying particular attention to the information pertaining to the continuous qualifying period which I have copied below for your assistance:
    Continuous qualifying period a period of residence in the UK and Islands (save in condition 3 in the table in paragraph EU12 of this Appendix; in condition 2 in the table in paragraph EU14 of this Appendix; in sub-paragraph (a)(ii) or (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table; in sub-paragraph (c) of the entry for ‘person who has ceased activity’ in this table; and in the entry for ‘person with a derivative right to reside’ and for ‘person with a Zambrano right to reside’ in this table, where (in each case) the period of residence must be in the UK and the reference in sub-paragraphs (b)(i) and (ii) below to the UK and Islands is to be read as a reference to the UK):
    (a) which began before the specified date; and
    (b) during which none of the following occurred:
    (i) absence(s) from the UK and Islands which exceeded a total of six months in any 12-month period, except for:
    (aa) a single period of absence which did not exceed 12 months and was for an important reason (such as pregnancy, childbirth, serious illness, study, vocational training or an overseas posting); or
    (bb) any period of absence on compulsory military service; or
    (cc) any period of absence on a posting on Crown service or (as a spouse, civil partner, durable partner or child) any period of absence accompanying a person on a posting on Crown service; or
    (dd) any period spent working in the UK marine area (as defined in section 42 of the Marine and Coastal Access Act 2009); or
    (ii) the person served or is serving a sentence of imprisonment of any length in the UK and Islands; or
    (iii) any of the following, unless it has been set aside or no longer has effect in respect of the person:
    (aa) any decision or order to exclude or remove under regulation 23 or 32 of the EEA Regulations (or under the equivalent provisions of the Immigration (European Economic Area) Regulations of the Isle of Man); or
    (bb) a decision to which regulation 15(4) of the EEA Regulations otherwise refers, unless that decision arose from a previous decision under regulation 24(1) of the EEA Regulations (or the equivalent decision, subject to the equivalent qualification, under the Immigration (European Economic Area) Regulations of the Isle of Man); or
    (cc) an exclusion decision; or
    (dd) a deportation order, other than by virtue of the EEA Regulations; or
    (ee) an Islands deportation order; or
    (ff) an Islands exclusion decision; and
    (c) (where – save for the purposes of the reference to continuous qualifying period in condition 6 in the table in paragraph EU11 of this Appendix and in sub-paragraph (d)(iii)(aa) of the entry for ‘family member who has retained the right of residence’ in this table (as that reference applies to, as the case may be, the relevant EEA citizen or the qualifying British citizen) – the period is less than five years and the person has not acquired the right of permanent residence in the UK under regulation 15 of the EEA Regulations, or the right of permanent residence in the Islands through the application there of section 7(1) of the Immigration Act 1988 or under the Immigration (European Economic Area) Regulations of the Isle of Man) which continues at the date of application
    I would further point out that any person can reapply for pre-settled status provided that they had a continuous qualifying period of residence which began before 31 December 2020, and which continues on the date of application (i.e. they had resumed residence here by then and didn’t since break their continuous qualifying period again). If a pre-settled status holder breaks their continuous qualifying period during the course of the validity of their pre-settled status, and did not resume residence in the UK by 31 December 2020, then they will not be able to reapply for pre-settled status and would need to apply under whatever immigration route is open to them on expiry of their leave - unless that is they qualify as a joining family member upon expiry of their leave.

    To this end under the terms of the Withdrawal Agreement, any EU citizen resident in the UK by the end of the transition period on 31 December 2020, and granted status under the EU Settlement Scheme, can be joined in the UK at any point in the future by their existing close family members (a spouse, civil partner, durable partner, child or dependent parent) who live overseas at the end of the transition period, where the relationship existed then and continues to exist when the family member seeks to come to the UK.

    That family member will be able to apply for status under the scheme to remain here with the EU citizen. They will need to provide proof as entitlement to apply as a family member of relevant EU citizen. They do not need to have entered the UK under the EU Settlement Scheme.”

    Provisions for joining family members have been incorporated into Appendix EU, specifically through the new rule EU11A.

    The relevant changes to the Immigration Rules (HC 813) were laid in Parliament on 22 October, the Statement of Changes and Explanatory Memorandum can be found at https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-813-22-october-2020 and the associated Written Ministerial Statement at https://questions-statements.parliament.uk/written-statements/detail/2020-10-22/hcws533.

    I trust that this information adequately clarifies the position.

    Leave a comment:


  • zarag
    replied
    hi, i dont understand. Doesnt the clock of your absence from the Uk start from where you actually left the UK? Not when you were granted the PSS?

    Leave a comment:

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