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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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When does continuous residence period starts after PSS

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  • ANSWERED When does continuous residence period starts after PSS

    Hello,

    I am out of UK since September 2020 and I got PSS in November 2020.

    The reason was that my wife was pregnant and we got baby in April. I know childbirth count as an important reason to be out of UK for 12 months. So I plan to return within 12 months.

    My question is, How should I count my 12 months absence so that I will still be eligible for SS.

    1-Is it from the date when I left UK. That would be from September then I should return in August.

    2-Is it from the date when I was granted PSS. That would be from November then I should be back in October.

  • #2
    Originally posted by maakm View Post
    Hello,

    I am out of UK since September 2020 and I got PSS in November 2020.

    The reason was that my wife was pregnant and we got baby in April. I know childbirth count as an important reason to be out of UK for 12 months. So I plan to return within 12 months.

    My question is, How should I count my 12 months absence so that I will still be eligible for SS.

    1-Is it from the date when I left UK. That would be from September then I should return in August.

    2-Is it from the date when I was granted PSS. That would be from November then I should be back in October.
    Evening,

    First of all, congratulations on the new addition to the family!

    The period would run from when you left the UK, as you are not allowed more than 12 months out of the country, even for an important reason. At least not under the rules we know about at the moment. The Home Office had published some Covid provisions which were withdrawn after a legal challenge from Here for Good Law, who regarded them as insufficient. They had promised to publish them at the end of May, but now they've said they won't come up until around the 12th of this month. Under the previous provisions there was no option to spend more than 12 months out of the UK, whether something will be different in the next set of provisions remains to be seen. But for now, we need to stick to the maximum 12 months out of the UK rule.

    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
      Hello Again,

      I have been trying to understand new guidelines published recently. Although the new guidelines are generous but I am not sure how HO will going to apply it.

      For example in my case, I have been out of UK since September 2020 for important reason(Childbirth). I am currently in planning phase to return to UK and trying best to return before 12 months but with 2 months baby and family, it is difficult to plan such big move. I have applied EUSS FP and PSS for my kid and wife and still waiting for decision. Considering the backlog, I don't expect to get it very soon and I don't want to travel back to UK leaving my wife and 2 moths old baby all alone. I think, I will pass 12 months deadline. So I will fall in category of "Absence exceeding 12 months".

      So if I look at absence exceeding 12 months,

      First of all, none of the reasons mentioned in "absence exceeding 12 months" applies to me.

      Second, I don't understand "but is not limited to" in this phrase "This includes (but is not limited to) where you can show you were". How and who is going to decide what is limited to and what is not limited to. In my case, does HO will consider that I did not come back because I did not want to leave my family alone in this covid times.

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      • #4
        Originally posted by maakm View Post
        Hello Again,

        I have been trying to understand new guidelines published recently. Although the new guidelines are generous but I am not sure how HO will going to apply it.

        For example in my case, I have been out of UK since September 2020 for important reason(Childbirth). I am currently in planning phase to return to UK and trying best to return before 12 months but with 2 months baby and family, it is difficult to plan such big move. I have applied EUSS FP and PSS for my kid and wife and still waiting for decision. Considering the backlog, I don't expect to get it very soon and I don't want to travel back to UK leaving my wife and 2 moths old baby all alone. I think, I will pass 12 months deadline. So I will fall in category of "Absence exceeding 12 months".

        So if I look at absence exceeding 12 months,

        First of all, none of the reasons mentioned in "absence exceeding 12 months" applies to me.

        Second, I don't understand "but is not limited to" in this phrase "This includes (but is not limited to) where you can show you were". How and who is going to decide what is limited to and what is not limited to. In my case, does HO will consider that I did not come back because I did not want to leave my family alone in this covid times.
        Louis M (lawyer) are you able to comment? Many thanks for your time.

        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


        • #5
          Originally posted by maakm View Post
          Hello Again,

          I have been trying to understand new guidelines published recently. Although the new guidelines are generous but I am not sure how HO will going to apply it.

          For example in my case, I have been out of UK since September 2020 for important reason(Childbirth). I am currently in planning phase to return to UK and trying best to return before 12 months but with 2 months baby and family, it is difficult to plan such big move. I have applied EUSS FP and PSS for my kid and wife and still waiting for decision. Considering the backlog, I don't expect to get it very soon and I don't want to travel back to UK leaving my wife and 2 moths old baby all alone. I think, I will pass 12 months deadline. So I will fall in category of "Absence exceeding 12 months".

          So if I look at absence exceeding 12 months,

          First of all, none of the reasons mentioned in "absence exceeding 12 months" applies to me.

          Second, I don't understand "but is not limited to" in this phrase "This includes (but is not limited to) where you can show you were". How and who is going to decide what is limited to and what is not limited to. In my case, does HO will consider that I did not come back because I did not want to leave my family alone in this covid times.
          Morning,

          The new guidance was only published a week ago, so nobody really knows how it will be applied in practice. These are all discretionary provisions which would be looked at on a case-by-case basis. The provisions refer to caring for someone affected by Covid or travel restrictions, which are all practical situations, obviously there are no provisions for purely emotional reasons, so it all depends on what you can show in terms of travel restrictions, etc. Do bear in mind that, normally, an absence over 12 months would mean an end to your prospects of obtaining settled status, thus having to leave the country when pre-settled expires unless you can qualify for another visa, while there was always an option for an absence up to 12 months.

          You are also applying to sponsor your family members, if you fail to secure settled status, nobody in your family will be able to stay here in the UK. So you really need to weigh up the prospect of having to move back/somewhere else versus the idea of coming back even when it would be hard to leave your family behind. Also bear in mind you wouldn't be able to predict the outcome till you are ready to apply for settled status, which will be in a few years' time, by which time Covid will be history and people may be looking at things differently. In the end, the decision is yours, but you need to be aware of the potential consequences.

          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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