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Thanks for your response, Zerubbabel. I read the rules and it looks like I can apply for retained right to reside in case of Divorce but this is not the case.Zerubbabel wrote: ↑Mon Feb 10, 2020 9:07 pmYou need to check this out:
https://www.gov.uk/family-permit/retain ... -residence
Not sure if I’m right but I think you can use bills and bank statements(if they are on her name) to prove her residency.nishants85 wrote: ↑Fri Feb 14, 2020 4:16 pmThanks for your response, Zerubbabel. I read the rules and it looks like I can apply for retained right to reside in case of Divorce but this is not the case.Zerubbabel wrote: ↑Mon Feb 10, 2020 9:07 pmYou need to check this out:
https://www.gov.uk/family-permit/retain ... -residence
She wants to continue her career in the teaching field in her country but it is difficult for me to find a job there because of language restrictions. So, basically she will stay in her country and I will be in the UK and we will keep visiting each other.
I called a Solicitor and was told that she will need to maintain 6 months in a year to qualify for continuous residency, is there any way by which we can prove that she has spent at least 6 months in the UK? (She will visit me on a regular basis).
Any help on this, please.nishants85 wrote: ↑Tue Mar 03, 2020 3:35 pmHi All,
Just following up on my original topic. I will have the following documents available:
- Council tax bills
- Utility bills
- Bank statements
- My wife will be visiting a few weekends for a part-time job in the UK so she will have the salary statements.
Will the above documents suffice?
Thanks for your help.
Council Tax bills, banks statements and rent receipts are not proof of continuous stay. You can pay rent for a flat but it does not mean you are a resident. You can operate bank accounts remotely. So NOnishants85 wrote: ↑Sat Jun 27, 2020 1:32 pmHi All,
I need help with the following situation, please.
We arrived in the UK in June 2016 and have completed 4 years of continuous residence now. Also, we both applied for Pre-Settled status and both of us have received it which is valid till Feb 2024. Now, my wife is planning to move back to her country as she is finding it difficult to get a proper job here and wants to continue her job in her country (Language teacher)
Now, next year we both are planning to apply for Settled status as we will complete 5 years in June 2021.
Below are my queries:
1. Can I submit the council tax bills, bank statements, rent receipts, etc to show the proof as continues residence?
2. If our settled status application is not successful, am I allowed to stay and work in the UK till Feb 2024 (validity of my pre-settled status)
3. Can I travel to my country on holiday and return back to the UK even if my wife is not in the UK? From what I understand she is allowed to be out of the UK for 2 years on a pre-settled status.
Thanks for your help.
Regards,
Nishant Sharma
Council Tax bills, banks statements and rent receipts are not proof of continuous stay. You can pay rent for a flat but it does not mean you are a resident. You can operate bank accounts remotely. So NOnishants85 wrote: ↑Sat Jun 27, 2020 1:32 pmHi All,
I need help with the following situation, please.
We arrived in the UK in June 2016 and have completed 4 years of continuous residence now. Also, we both applied for Pre-Settled status and both of us have received it which is valid till Feb 2024. Now, my wife is planning to move back to her country as she is finding it difficult to get a proper job here and wants to continue her job in her country (Language teacher)
Now, next year we both are planning to apply for Settled status as we will complete 5 years in June 2021.
Below are my queries:
1. Can I submit the council tax bills, bank statements, rent receipts, etc to show the proof as continues residence?
2. If our settled status application is not successful, am I allowed to stay and work in the UK till Feb 2024 (validity of my pre-settled status)
3. Can I travel to my country on holiday and return back to the UK even if my wife is not in the UK? From what I understand she is allowed to be out of the UK for 2 years on a pre-settled status.
Thanks for your help.
Regards,
Nishant Sharma
nishants85 wrote: ↑Mon Jul 13, 2020 10:06 amWe have got Pre-Settled status and as per the rules, we will not lose it if we are out of the country for a maximum period of 2 years. Now, if we leave the UK and decide to return after 18 months(for example), I assume that we would not be able to apply for settled status as there is a break in the continuous residence clause and in this case but can we apply for Pre-Settled status again which would be valid for further 5 years?
Thanks for your quick response.JB007 wrote: ↑Mon Jul 13, 2020 12:01 pmnishants85 wrote: ↑Mon Jul 13, 2020 10:06 amWe have got Pre-Settled status and as per the rules, we will not lose it if we are out of the country for a maximum period of 2 years. Now, if we leave the UK and decide to return after 18 months(for example), I assume that we would not be able to apply for settled status as there is a break in the continuous residence clause and in this case but can we apply for Pre-Settled status again which would be valid for further 5 years?
You can't apply for pre-settled staus after June 2021, which means pre-settled status cannot be renewed.
Settled status has to be applied for before your pre-settled status has ended and you cannot have settled status if you have resided outside the UK for more than 6 months in any 12.
You and your EEA citizen wife can return to the UK on a valid pre-settled status but to live in the UK when your pre-settlerd status expires, one of you would need to look for sponsor for a UK visa and the other be their dependant.
Then your choices seem to be:-nishants85 wrote: ↑Mon Jul 13, 2020 12:17 pmThanks for your quick response.JB007 wrote: ↑Mon Jul 13, 2020 12:01 pmnishants85 wrote: ↑Mon Jul 13, 2020 10:06 amWe have got Pre-Settled status and as per the rules, we will not lose it if we are out of the country for a maximum period of 2 years. Now, if we leave the UK and decide to return after 18 months(for example), I assume that we would not be able to apply for settled status as there is a break in the continuous residence clause and in this case but can we apply for Pre-Settled status again which would be valid for further 5 years?
You can't apply for pre-settled staus after June 2021, which means pre-settled status cannot be renewed.
Settled status has to be applied for before your pre-settled status has ended and you cannot have settled status if you have resided outside the UK for more than 6 months in any 12.
You and your EEA citizen wife can return to the UK on a valid pre-settled status but to live in the UK when your pre-settlerd status expires, one of you would need to look for sponsor for a UK visa and the other be their dependant.
It is a shame that we will not be able to apply for settled status as my wife will need to relocate back to her country to continue her teaching job as school sessions will start soon. We have completed 4 years 2 months and will fall short of only 4 months .
Thanks, JB007JB007 wrote: ↑Mon Jul 13, 2020 2:36 pmThen your choices seem to be:-nishants85 wrote: ↑Mon Jul 13, 2020 12:17 pmThanks for your quick response.JB007 wrote: ↑Mon Jul 13, 2020 12:01 pmnishants85 wrote: ↑Mon Jul 13, 2020 10:06 amWe have got Pre-Settled status and as per the rules, we will not lose it if we are out of the country for a maximum period of 2 years. Now, if we leave the UK and decide to return after 18 months(for example), I assume that we would not be able to apply for settled status as there is a break in the continuous residence clause and in this case but can we apply for Pre-Settled status again which would be valid for further 5 years?
You can't apply for pre-settled staus after June 2021, which means pre-settled status cannot be renewed.
Settled status has to be applied for before your pre-settled status has ended and you cannot have settled status if you have resided outside the UK for more than 6 months in any 12.
You and your EEA citizen wife can return to the UK on a valid pre-settled status but to live in the UK when your pre-settlerd status expires, one of you would need to look for sponsor for a UK visa and the other be their dependant.
It is a shame that we will not be able to apply for settled status as my wife will need to relocate back to her country to continue her teaching job as school sessions will start soon. We have completed 4 years 2 months and will fall short of only 4 months .
- your EEA wife delays her return to her country until you both have Settled-Status
- she takes you to her country
-she moves to another EEA country with you for teaching under Free Movement.
-you look for a Tier 2 (General) work sponsor, which I assume would start your 5 years to ILR again?
- she moves to your country and teaches there.
-any other you can think of.
You can only retain rights of residence if you are divorced. The poster has clearly stated they are NOT separating or divorcing.Zynmalikkkk wrote: ↑Mon Jul 13, 2020 4:48 pmIn worst case scenario you can go for retained right to stay in the UK.
For such application you need to show marriage you were married since at least 3 years and you both have lived in the UK for one year.