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advice needing on a PSS situation, Covid situation

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  • advice needing on a PSS situation, Covid situation

    Hello and thank you for this very heplful forum. We need some help and avice on our situation. We are a bit anxious.

    My partner (we're not married but we are in a civil paternship, a PACS since 2012) got his PSS last may. We were suppose to go to the UK, but I didn't have my PSS yet, nor our children, and we thought we couldn't go to live in the UK anyore.
    Summer passed, and we found out on august that it was still possible to come. So, on september, I apply for a PSS linked to my patner's PSS, we did the same for both of our kids (a joining family member if I'm correct).

    First of all, since I applied to be able to go to the UK with my patner and children, are we sure that the PSS statut will be granted for us (my kids and I) ? Thanks to your forum and the message of someone else, I found out that I could go with my patner to the UK to move there even if I don't have my PSS statut yet, but I want to be sur that I'll get the PSS because I am following my patner.

    We are going to leave our home here and his job, so we won't have anything left for us in France. If we settled in the UK and I don't get my PSS, that would be very bad for us. And we can't afford having 2 rented house in 2 differents countries....

    About the Covid, my patner went to the UK on december 2020 (he left the 27th). I read that we would still be eligible for the settled statut if we get there 12 months after his last time in the UK, am I right ? would that be all right if we got there in december to settled ? We need some time to get organized with our stuff, his job here, our house...... The reason of the Covid would be enough ? First, we didn't know that we could still get there. When we found out we could go, we got some informations first to be sur, I apply for my PSS and my children's PSS, my partner is also looking for a job in the UK (he has all the refusal e-mails ). Would that be a good reason if we still get there on december ? What king of prouf could be get ?
    Also, we all know that the situation is really complicated for everyone due to the Brexit and the Covid. Do you think they're going to be strict in 5 years when we're all going to apply to the settled statut ? I mean, if we are really carefull and respect the days of presence in the UK (180 days/ year if I'm right), if we have a job and a home there...

    Thank you very much for your time and your help. We are a bit confused, worried but we need to put everything in order to be able to leave as soon as possible, especially wirh my patner's job here. So we are in a hurry.

    Again, thank you so much.

  • #2
    Originally posted by Betty81 View Post
    Hello and thank you for this very heplful forum. We need some help and avice on our situation. We are a bit anxious.

    My partner (we're not married but we are in a civil paternship, a PACS since 2012) got his PSS last may. We were suppose to go to the UK, but I didn't have my PSS yet, nor our children, and we thought we couldn't go to live in the UK anyore.
    Summer passed, and we found out on august that it was still possible to come. So, on september, I apply for a PSS linked to my patner's PSS, we did the same for both of our kids (a joining family member if I'm correct).
    Morning,

    Just to clarify, there's a slight difference between linked applications and other applications from joining family members. Only under 21s applications can be linked as such, spouses and civil partners' applications are not linked in the same way but they are still made on the basis of the relationship to the sponsor.

    There is also a slight difference in the status you obtain, your sponsor presumably got their status based on their own UK residence before the end of last year, that's why they can sponsor family members, however, those who get their status as joining family members are not able to sponsor other family members themselves, even when, for all other practical purposes, the status is exactly the same.

    Originally posted by Betty81 View Post
    First of all, since I applied to be able to go to the UK with my patner and children, are we sure that the PSS statut will be granted for us (my kids and I) ? Thanks to your forum and the message of someone else, I found out that I could go with my patner to the UK to move there even if I don't have my PSS statut yet, but I want to be sur that I'll get the PSS because I am following my patner.

    We are going to leave our home here and his job, so we won't have anything left for us in France. If we settled in the UK and I don't get my PSS, that would be very bad for us. And we can't afford having 2 rented house in 2 differents countries....
    That's right, you will have read that the Home Office confirmed there was no need to wait for the outcome of the application to travel to the UK, obviously that's just from the legal perspective. In reality, some families may prefer to wait till they know their status has been granted, for practical reasons.


    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


    • #3

      Originally posted by Betty81 View Post

      About the Covid, my patner went to the UK on december 2020 (he left the 27th). I read that we would still be eligible for the settled statut if we get there 12 months after his last time in the UK, am I right ? would that be all right if we got there in december to settled ? We need some time to get organized with our stuff, his job here, our house...... The reason of the Covid would be enough ?
      If you look here: New Covid provisions published for EU Settlement applicants - UKCEN Citizenship and Residence for European Nationals and their families

      ...you'll see:
      Absence not intended to exceed 6 months which did not exceed 12 months

      If you intended to be absent for no more than 6 months, but exceeded this because of coronavirus, you will not be treated as exceeding the absence permitted under Appendix EU.

      Where you have not been absent for a single period of more than 12 months, you can still apply to the EUSS where you can evidence that this extended absence is because of coronavirus.

      This includes (but is not limited to) where you can show you were:
      • ill with coronavirus
      • in quarantine, self-isolating or shielding in accordance with local public health guidance on coronavirus
      • caring for a family member affected by coronavirus
      • prevented from returning earlier to the UK due to travel disruption caused by coronavirus
      • advised by your university that, due to coronavirus, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely
      • advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus
      • absent from the UK for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas
      This means you can rely on any coronavirus related reason (including where you chose to leave or remain outside the UK because of the pandemic) as the basis for requiring an absence of more than 6 months and up to 12 months. In these circumstances, you will be treated as not having broken your continuous qualifying period of residence.

      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


      • #4
        I have highlighted above the relevant paragraph of the Covid provisions, but do bear in mind it is my understanding that they will only be applicable to periods up to the 6th of this month, when the immigration rules were updated. That means it will no longer be possible to rely on Covid as a reason to continue to remain out of the UK. Obviously if it's just a matter of a few extra weeks to get organised, it should be fine, as the above provisions would cover most of the period you've been abroad.

        Originally posted by Betty81 View Post
        Also, we all know that the situation is really complicated for everyone due to the Brexit and the Covid. Do you think they're going to be strict in 5 years when we're all going to apply to the settled statut ? I mean, if we are really carefull and respect the days of presence in the UK (180 days/ year if I'm right), if we have a job and a home there...

        Thank you very much for your time and your help. We are a bit confused, worried but we need to put everything in order to be able to leave as soon as possible, especially wirh my patner's job here. So we are in a hurry.
        The above provisions would cover the absence, but you need to ensure you keep the evidence for when the time comes to apply for settled status, as noted here: New Covid provisions published for EU Settlement applicants - UKCEN Citizenship and Residence for European Nationals and their families

        ...where you'll see:
        Examples of acceptable evidence include (but are not limited to):
        • used travel tickets confirming the dates you left the UK and returned
        • confirmation of flight cancellations detailing the dates and times
        • doctor’s letter confirming you contracted coronavirus
        • doctor’s letter confirming you were identified as vulnerable and advised to shield
        • email or letter confirming you, or a person you were living with, received a positive coronavirus test result
        • official letter confirming you were in coronavirus quarantine
        • doctor’s letter confirming your family member, who you have been caring for, contracted coronavirus or was identified as vulnerable and advised to shield
        • email or letter confirming your family member, who you have been caring for, received a positive coronavirus test result
        • letter from a university advising you that, due to coronavirus, your course was moved to remote learning and you were advised or allowed to return to your home country to study remotely
        • letter from a university or employer advising you not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus
        • letter or other evidence from you accounting for your absence for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas
        You can provide a copy of these documents. We may ask you to send us the original documents if we need to see them.

        You may also be contacted by a caseworker to provide more information or evidence to show how you have been affected by coronavirus. The caseworker will give you a reasonable opportunity in which to provide this before making a decision on your application.

        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


        • #5
          I doubt you will have to produce anything until the time comes to apply for settled status in December 2025. As the sponsor has pre-settled status and it only lapses after spending two years or longer, our of the country, it would still be valid for the purpose of the joining family members' applications. Obviously we can't guarantee the outcome of any application, however, they shouldn't be impacted by the absence for the reasons noted 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


          • #6
            Thank you for your answer and for your time ! So, if I understood it right, we can't be sure that I'll be granted with the PSS statut even if I am coming with my patner ? So, if I come before getting my PSS statut, it could be risky because I could not get my PSS ? Is that correct ? I still think that they're always trying to give the PSS statut regarding the family relationship...

            Another question : we are looking for going in the UK next month, just a few days to look for a house to rent. Legally, would that be fine if we go there on november and come back to France to finish to get ready here and then we go back for good in the UK at the end of december ? My understanding is, if as soon as we go back, it would be counted as us coming back to UK, so we will start over with the absence of 6 months out of the country. So, if we leave again in november and return in december, it would be counted as 1 month away out of the 6 months.

            Comment


            • #7
              Originally posted by Betty81 View Post
              Thank you for your answer and for your time ! So, if I understood it right, we can't be sure that I'll be granted with the PSS statut even if I am coming with my patner ? So, if I come before getting my PSS statut, it could be risky because I could not get my PSS ? Is that correct ? I still think that they're always trying to give the PSS statut regarding the family relationship...
              I never said anything about it being risky. Obviously you can never be 100% sure of anything and I don't know your circumstances nor am I handling your application, so I can't really say anything other than I can't see there being an issue.


              Originally posted by Betty81 View Post
              Another question : we are looking for going in the UK next month, just a few days to look for a house to rent. Legally, would that be fine if we go there on november and come back to France to finish to get ready here and then we go back for good in the UK at the end of december ? My understanding is, if as soon as we go back, it would be counted as us coming back to UK, so we will start over with the absence of 6 months out of the country. So, if we leave again in november and return in december, it would be counted as 1 month away out of the 6 months.
              Legally, you are free to come and go, since pre-settled status would only lapse after spending two years out of the country, so, as long as it didn't come to that, you'd still be lawfully resident here under that status.

              However, in order to secure settled status when it expries, you need to spend at least 6 months out of every 12, in the UK, this time doesn't have to be continuous. Hope this makes sense.

              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


              • #8
                Yes, I think I understand ! If we come back after our long time out of the UK, then, we are free to come and go. We just need to be careful to the 6 months out of 12 of absence if we want to be able to apply for the settled statut in 5 years. Thank you very much for your help.

                Comment

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