Pre-settled status and continuous absence

[PeatD]

Hi all! I'm an Australian, who was granted pre-settled status and the right to work in the UK until Jan 2025 (after living in the UK since 2014). After the pandemic hit last year, my Italian partner (who has settled status) and I decided to leave and move to his home town, which happened in July 2020.

Its now been over a year, I've gotten married and gained residency here in Italy. However I've also fallen pregnant (5 months) so I'm reluctant to move/travel back to the UK right now. From what I understand, I will totally lose my pre-settled status, IF I'm away for 2 years in a row, as outlined by https://www.gov.uk/settled-status-eu-ci ... tus-means.

But I'm trying to understand a few things:
1. I returned to the UK for a few days in Sep 2020. So does that mean the 2-year period of continuous absence, starts from Sep 2020, rather than when we packed up and left in July 2020?
2. And if thats the case, does that mean if I return for a period before Sep 2022, this 2 year period may reset, enabling me to keep my pre-settled status?
3. Or if thats not the case, can anything be done to "reset" this period at all, so that I don't lose my pre-settled status?

Unsure if this matters, but I've been unable to update my address on my pre settled/gov gateway account, as it only takes a UK address. So I've not done anything with it. Additionally, all my bank accounts, credit cards and mobile contracts are still linked to a UK address (my cousin's place). Largely due to my salary still going to a UK bank account. However HMRC has been notified of my overseas address and as of April 2021, I have been deemed a non-UK tax resident.

I'd love to hear any advice or anyone's experience on this. Have I basically lost any chance of keeping my right to live/work in the UK now?

Many thanks in advance!

[seekingadvice87]

Hi,

Basically you're a non-UK tax resident, you hold a valid pre-settled status but are currently resident in Italy and I'm guessing also paying tax in Italy? Are you working for a UK company and is this why your salary goes to your UK bank account?

My concern is that even if you maintain your pre-settled status by returning to the UK on short visits to prevent losing your status for being absent for two consecutive years and more. What happens to your status in 2025 when you need to show proof of residence to apply for settled status or what happens when you need to show proof of residence to renew your pre-settled status? Do you think that this might be an issue in the future? Even though you use your cousin's UK address, it's not enough proof of residence I don't think but I'll let the pros comment too hopefully it helps you decide on your future. Good luck

[PeatD]

Hi,

Basically you're a non-UK tax resident, you hold a valid pre-settled status but are currently resident in Italy and I'm guessing also paying tax in Italy? Are you working for a UK company and is this why your salary goes to your UK bank account?

My concern is that even if you maintain your pre-settled status by returning to the UK on short visits to prevent losing your status for being absent for two consecutive years and more. What happens to your status in 2025 when you need to show proof of residence to apply for settled status or what happens when you need to show proof of residence to renew your pre-settled status? Do you think that this might be an issue in the future? Even though you use your cousin's UK address, it's not enough proof of residence I don't think but I'll let the pros comment too hopefully it helps you decide on your future. Good luck

Thanks @seekingadvice87! Thats right i'm due to pay taxes in italy for the 2021 tax, but have not yet physically paid anything as thats done at the end of the year. And yes i'm employed by a UK company, still on UK payroll. I'm on a standard UK contract but have been on a temporary remote working agreement due to Covid since July last year. FYI my NI is still being paid in the UK.

I'm not so concerned about applying for settled status as i am not planning to return to the UK (not if i can avoid it!). But I'm concerned about how long I have the right to live and work in the UK, due to my employment contract which requires me to technically have that right - so I'm trying to understand if the 2-year period of continuous absence for my pre-settled status ends in July 2022, or is it Sep 2022... and if there is any way to "reset" so that i can maintain that right until the expiration of my pre-settled status. Or is it already stuffed, as I've been out of the UK for more than 180 days?

Additionally, for context, my concerns are largely tied to conversations i'm having with my employers about keeping my job and extending my temp remote working agreement, so that i can continue to work from Italy and take my maternity leave (i'm due to give birth Jan 2022). Rather than return to the UK whilst unvaccinated and pregnant, or lose my job and the subsequently my maternity leave.

[alterhase58]

I can't specifically comment on your scenario but perhaps the information/absence calculator on this link may be of use: https://www.the3million.org.uk/absence-calculator

[PeatD]

I can't specifically comment on your scenario but perhaps the information/absence calculator on this link may be of use: https://www.the3million.org.uk/absence-calculator

Thank you @alterhase58. Unfortunately the calculator only calculates the days I've been absent but doesn't explain if my 2 year continuous absence is calculated from July or Sept 2020.

Interestingly though this website does state "IF YOU DO HAVE SETTLED STATUS: You can then be out of the UK for 5 years (4 years if you are Swiss) without losing your status. Returning to the UK for visits will 'reset the clock' so you can be away for a further 5 (or 4 if you are Swiss) years - make sure you carefully keep the evidence of returning to the UK!"

So i wonder if that also applies to pre-settled status... i.e. if i return before July or Sept 2022, it will "reset" my continuous absence and enable me to be away for a further 2 years without losing my pre-settled status?

[alterhase58]

Note that pre-settled status is "limited leave to remain" whereas "full" settled status equates to "Indefinite Leave to Remain" which means free from immigration time restrictions, with the five years absence allowance negotiated at part of the EU Withdrawal Agreement (under UK rules ILR lapses after 2 years). So "pre" will lapse after basically two years, subject to Covid impact. I can't comment any further as I have no experience of this area - didn't get settled status due to earlier naturalisation - you may need to consult a professional advisor in your case.

[seekingadvice87]

I can't specifically comment on your scenario but perhaps the information/absence calculator on this link may be of use: https://www.the3million.org.uk/absence-calculator

Thank you @alterhase58. Unfortunately the calculator only calculates the days I've been absent but doesn't explain if my 2 year continuous absence is calculated from July or Sept 2020.

Interestingly though this website does state "IF YOU DO HAVE SETTLED STATUS: You can then be out of the UK for 5 years (4 years if you are Swiss) without losing your status. Returning to the UK for visits will 'reset the clock' so you can be away for a further 5 (or 4 if you are Swiss) years - make sure you carefully keep the evidence of returning to the UK!"

So i wonder if that also applies to pre-settled status... i.e. if i return before July or Sept 2022, it will "reset" my continuous absence and enable me to be away for a further 2 years without losing my pre-settled status?

Hi,

Your two years absence starts from the day you leave the UK and you’ve been out for 2 consecutive years. So you’ve been out and your absence has been continuous for 2 years, you calculate from the day you left the UK, do if you left in July then from then