absence calculation

[goodpartner]

Hi everybody,


Could somebody please explain how to calculate the absence periods? As I understand on rolling basis for instance if I apply for settlement status December 2021, then I just roll back year by year and calculate all my absence during the 5 year period?


Thank you!

[goodpartner]

and here is the information regarding the absence for coronavirus reasons https://www.gov.uk/guidance/coronavirus ... s#overview


that single absence of 12 months allowed

[alterhase58]

No direct experience of this but this "absence calculator" published by the3million group may help:
https://www.the3million.org.uk/absence-calculator

[goodpartner]

Thanks! very helpful!

Well, My situation is I work from home, I am a family member of EU citizen. I pay NI and Taxes and that is in the system.

I went abroad 18 June 2020 and came back to UK 1st December 2020 - and it was ok, 165 days, then due to personal reasons of family members I had to come to them again and it happened on 28 April 2021 and I will leave 30 June 2021.

In total it is 225 days

According to new guidance of home office "Absence of up to 12 months for an ‘important reason’

- 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




Can I use this? and how it usually works, Please help me with that as Now I am very scared that I lost my continues residency.

[goodpartner]

Hi again everybody,


I think this question is relevant as to what to do in such situation, as it seems I have a choice to

1. re-apply for pre-settled status again.
2. Provide evidence of my absence though, I don't understand how it goes as I was absent for 165 days and now for 55 what it means, my 165 days absence were due to COVID-19.

What should people do in such situations? any advice? please!

[goodpartner]

sorry for repeating, but I meant that one "Absence not intended to exceed 6 months and did not exceed 12 months"

Thanks! very helpful!

Well, My situation is I work from home, I am a family member of EU citizen. I pay NI and Taxes and that is in the system.

I went abroad 18 June 2020 and came back to UK 1st December 2020 - and it was ok, 165 days, then due to personal reasons of family members I had to come to them again and it happened on 28 April 2021 and I will leave 30 June 2021.

In total it is 225 days

According to new guidance of home office "Absence of up to 12 months for an ‘important reason’

- 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




Can I use this? and how it usually works, Please help me with that as Now I am very scared that I lost my continues residency.

[kamoe]

Assuming you weren't absent at all, when would you complete the 5 years?

[goodpartner]

Assuming you weren't absent at all, when would you complete the 5 years?

Hi kamoe ,

Thanks for a response as I feel paranoid regarding the issue, my 5 years for settled status is on 23rd February 2023. My single absence was less then 180(160) l days though when I got out of the country second time l now it is longer (in consecutive 12 months period namely 225 days) and as far as I understand it is ok based on wording of eu settlement scheme Covid 19 guidance to use it.


https://www.gov.uk/guidance/coronavirus ... -12-months


However, 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.



The wording on that website imply that if it is less then 1 year within 12 month consecutive period am I correct to assume that I can than use it for my benefit?

Also, I paid national insurance and taxes and rent for some months and council tax even when I was abroad and hmrc should found my tax residency


Thanks Kamoe for your input.

[kamoe]

my 5 years for settled status is on 23rd February 2023.

Then there is nothing much left to do util then, save for making sure you do not create any more long absences.

I have a choice to

1. re-apply for pre-settled status again.

If you re-apply for Pre-Settled Status now... you'll get Pre-Settled Status again.

That is not going to change anything for you. A new Pre-Settled status is not going to "erase" your absence history, it's only going to extend / give you more time on Pre-Settled Status if you need it (giving you 5 fresh years from the moment you get it). It is not going to delay your Settled Status either, since you do not need to wait until your current Pre-Settled status expires to apply for Settled Status.

In other words, a fresh Pre-Settled Status will do nothing advantageous or disadvantageous in your situation.

2. Provide evidence of my absence though, I don't understand how it goes as I was absent for 165 days and now for 55 what it means, my 165 days absence were due to COVID-19.

You are getting way ahead of yourself, you might not even need to justify any absences, because...

Also, I paid national insurance and taxes

...As far as I understand, if there is a trace of your continuous NI and tax contributions, the HO will not bother you to present evidence of residence when you apply for Settled Status.

"Absence of up to 12 months for an ‘important reason’

- 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

You can interpret that as pretty much everyone who went abroad for a long period in 2020-2021. It only says "preferred" not "were forced to", so that includes everyone and anyone who made the decision to work from abroad. Which is extremely tolerant, I'm pleasantly surprised.

and hmrc should found my tax residency

What do you mean by this?

[goodpartner]

I have a choice to

1. re-apply for pre-settled status again.

If you re-apply for Pre-Settled Status now... you'll get Pre-Settled Status again.

That is not going to change anything for you. A new Pre-Settled status is not going to "erase" your absence history, it's only going to extend / give you more time on Pre-Settled Status if you need it (giving you 5 fresh years from the moment you get it). It is not going to delay your Settled Status either, since you do not need to wait until your current Pre-Settled status expires to apply for Settled Status.

In other words, a fresh Pre-Settled Status will do nothing advantageous or disadvantageous in your situation.

So you mean just to re-apply before 30 June 2021? Can I do it after? Or should it only be done before?

I don’t quite understand I re-apply will it erase my continues residency ? Or not? Because the problem of re-applying I don’t understand the process, I think will call resolution centr but they are not in much help


I know that the wording is very tolerable, I did not expect that from home office and it made a slight relief.

Though, what I meant if I was absent not as a single time but 2 times outside of uk which accumulated 225 days and made it longer then 180 days, is it different from single absence?

and hmrc should found my tax residency

What do you mean by this?
[/quote]


I mean just paying taxes and national insurance which proves that I was a resident because I paid tax.

[kamoe]

So you mean just to re-apply before 30 June 2021? Can I do it after? Or should it only be done before?

I never said you should reapply. I said it won't make any difference.

You seem to think you need to do something by June 30th. Why? I understand you already applied for the Settlement Scheme, and already got Pre-Settled status, is that right? If so, there is nothing else for you to do by June 30th.

I don’t quite understand I re-apply will it erase my continues residency ? Or not?

I said this: " A new Pre-Settled status is not going to "erase" your absence history, it's only going to extend / give you more time on Pre-Settled Status if you need it (giving you 5 fresh years from the moment you get it)."

So, no. It will NOT erase your history.

Because the problem of re-applying I don’t understand the process

I can see that.

I think will call resolution centr but they are not in much help

You can of course call them if you feel you want to do it. I believe the users of this forum have mixed feelings about the accuracy of their answers (sometimes helpful, sometimes completely misleading).

Though, what I meant if I was absent not as a single time but 2 times outside of uk which accumulated 225 days and made it longer then 180 days, is it different from single absence?

Well, if one of your absences gets "pardoned", that means you can remove it from your count and that will make less than 180 days.

I mean just paying taxes and national insurance which proves that I was a resident because I paid tax.

OK. As I said, if there is a trace of you paying continuous NI and taxes, then HO will not even bother you. I think there is a chance that, on record, you have not been absent at all.

[goodpartner]

[/quote]
I never said you should reapply. I said it won't make any difference.

You seem to think you need to do something by June 30th. Why? I understand you already applied for the Settlement Scheme, and already got Pre-Settled status, is that right? If so, there is nothing else for you to do by June 30th.

I thought to re-apply before June 30th 2021 because it is deadline for people to re-apply for new pre-settled. It I think I will be able to do it in 2023 year if it is needed because of my absence before December 2020.
Yes, I have pre-settled status until March 2024


Well, if one of your absences gets "pardoned", that means you can remove it from your count and that will make less than 180 days.

I mean just paying taxes and national insurance which proves that I was a resident because I paid tax.

OK. As I said, if there is a trace of you paying continuous NI and taxes, then HO will not even bother you. I think there is a chance that, on record, you have not been absent at all.
[/quote]


Thank you kamoe, I had just 3 deaths of family member each 2 months during my absence and unfortunately the fourth in the end of April this year, I hope it will be pardoned (my absence) and that my absence will not be on record because of tax and national insurance



Thanks for your help, I really appreciate it because when I am in the situation such as this, I can not feel adequate and logically correct because of nervousness.

[kamoe]

I thought to re-apply before June 30th 2021 because it is deadline for people to re-apply for new pre-settled.

There is no such a thing as "deadline to re-applying for new pre-settled". No one has to re-apply for a status they already have.
You already applied for, and got, Pre-Settled status, that means you already respected the deadline of June 30th 2021.

You can re-apply for Pre-Settled Status if you want, and if that makes you feel better... but you don't have to (and again that won't make your absences go away, if at all there are any).

Yes, I have pre-settled status until March 2024

That means there is nothing mandatory for you to do, for now, besides making sure not to be absent for a longer period anymore.

Thank you kamoe, I had just 3 deaths of family member each 2 months during my absence and unfortunately the fourth in the end of April this year, I hope it will be pardoned (my absence) and that my absence will not be on record because of tax and national insurance

I am really sorry to hear, and I hope your family is doing alright in these difficult times. This does look like a valid, reasonable reason for a long absence, I do not believe you would have problems when applying for Settled Status when you are eligible.

Thanks for your help, I really appreciate it because when I am in the situation such as this, I can not feel adequate and logically correct because of nervousness.

Don't worry. Take care.