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I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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join101
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Posts: 2
Joined: Fri Oct 06, 2023 1:48 am
Afghanistan

I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by join101 » Fri Oct 06, 2023 1:53 am

Hi all,

I got my pre-settled status and now I've been outside the UK for 1 year. I know that I lose the PS in 2 years if I live out of UK continuously.

Question: For how long I have to return to UK to reset this clock? Can I visit for 1 day and then I have another 2 years? Or I must stay for some 6 moths or something like that?

Thanks!

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Casa
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United Kingdom

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by Casa » Fri Oct 06, 2023 10:39 am

join101 wrote:
Fri Oct 06, 2023 1:53 am
Hi all,

I got my pre-settled status and now I've been outside the UK for 1 year. I know that I lose the PS in 2 years if I live out of UK continuously.

Question: For how long I have to return to UK to reset this clock? Can I visit for 1 day and then I have another 2 years? Or I must stay for some 6 moths or something like that?

Thanks!
The Home Office official guidance: https://www.gov.uk/settled-status-eu-ci ... d%20status.
If you want to spend time outside the UK
If you have pre-settled status, you can spend up to 2 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.



Short visits to the UK won't meet the absence criteria. See the underlined sentence above.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

meself2
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Posts: 3435
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Ireland

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by meself2 » Fri Oct 06, 2023 10:44 am

Also I hope that you're aware your ability to get settled status is either at risk or impossible now, see https://freemovement.org.uk/lengthy-abs ... s-at-risk/ .
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

join101
Newly Registered
Posts: 2
Joined: Fri Oct 06, 2023 1:48 am
Afghanistan

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by join101 » Fri Oct 06, 2023 10:25 pm

Thank you for your replies.

I don't care about the settled status, I just want to keep the pre-settled one.

So the question is specifically about how to keep my pre-settled status alive. I just want to be able to visit for the amount of time necessary to keep resetting the 2-years countdown. There seems to be no official guidance on that?..

I am not from Afghanistan btw, I am EU national, dunno why I have that flag 8)

Thanks for any inputs!

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Casa
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United Kingdom

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by Casa » Fri Oct 06, 2023 10:32 pm

join101 wrote:
Fri Oct 06, 2023 10:25 pm
Thank you for your replies.

I don't care about the settled status, I just want to keep the pre-settled one.

So the question is specifically about how to keep my pre-settled status alive. I just want to be able to visit for the amount of time necessary to keep resetting the 2-years countdown. There seems to be no official guidance on that?..

I am not from Afghanistan btw, I am EU national, dunno why I have that flag 8)

Thanks for any inputs!
Note my underlined sentence in my previous post: You will need to maintain your continuous residence

This refers to the UK as not being a country where you simply have prolonged visits.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

seekingadvice87
Member
Posts: 131
Joined: Sat Aug 01, 2015 10:29 pm

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by seekingadvice87 » Sat Dec 02, 2023 12:48 pm

join101 wrote:
Fri Oct 06, 2023 10:25 pm
Thank you for your replies.

I don't care about the settled status, I just want to keep the pre-settled one.

So the question is specifically about how to keep my pre-settled status alive. I just want to be able to visit for the amount of time necessary to keep resetting the 2-years countdown. There seems to be no official guidance on that?..

I am not from Afghanistan btw, I am EU national, dunno why I have that flag 8)

Thanks for any inputs!
Hi,

If you don't maintain your continuous residence on your pre-settled status even if you don't care about the settled status, you will need to make another application once your pre-settled status has reached the 5 year mark and in that case, your options will be to apply for settled status as I don't think you will qualify to apply for another pre-settled status without showing continuous residence neither will you be able to qualify for settled status without showing 5 years of continuous residence as you already know.

If you only need your pre-settled status to visit the UK for a couple of days then really you don't need to worry as you're an EU national and can visit the UK in a similar way too.

Goodluck!

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MuhammadM86
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United Kingdom

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by MuhammadM86 » Sat Dec 02, 2023 4:36 pm

Do you work for UK company? Just can’t get my head round why you need your PSS?

kamoe
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European Union

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by kamoe » Wed Dec 06, 2023 2:46 pm

seekingadvice87 wrote:
Sat Dec 02, 2023 12:48 pm
you will need to make another application once your pre-settled status has reached the 5 year mark
If the continuous residence has been broken they will not qualify for either of pre-settled or settled status.

At every application, one needs to justify a continuous period of residence that started before December 31st 2020. How long that period of residence is, is what determines if the outcome is pre-settled or settled. A continuous period of residence that started after that date, or a non-continuous period of residence that started before that day, would both lead to a refusal. The bottomline is, the OP cannot extend their status in any way.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

kamoe
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Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by kamoe » Wed Dec 06, 2023 2:52 pm

join101 wrote:
Fri Oct 06, 2023 10:25 pm
I just want to be able to visit for the amount of time necessary to keep resetting the 2-years countdown.
You cannot "keep resetting" your status. It does not work that way.

If you have already broken your continuous residence period, your status will expire on the 5th anniversary of your pre-settled status, and you cannot renew or extend this in any way.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

seekingadvice87
Member
Posts: 131
Joined: Sat Aug 01, 2015 10:29 pm

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by seekingadvice87 » Sun Dec 10, 2023 3:28 am

kamoe wrote:
Wed Dec 06, 2023 2:46 pm
seekingadvice87 wrote:
Sat Dec 02, 2023 12:48 pm
you will need to make another application once your pre-settled status has reached the 5 year mark
If the continuous residence has been broken they will not qualify for either of pre-settled or settled status.

At every application, one needs to justify a continuous period of residence that started before December 31st 2020. How long that period of residence is, is what determines if the outcome is pre-settled or settled. A continuous period of residence that started after that date, or a non-continuous period of residence that started before that day, would both lead to a refusal. The bottomline is, the OP cannot extend their status in any way.
So basically we’re saying the same thing that they would need to maintain continuous residence for both status right? When you cut out a section of my entire text it reads different.

kamoe
Moderator
Posts: 2945
Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: I have pre-settled status. I live outside the UK now. For how long I have to return to reset the countdown?

Post by kamoe » Sun Dec 10, 2023 11:35 am

seekingadvice87 wrote:
Sun Dec 10, 2023 3:28 am
So basically we’re saying the same thing that they would need to maintain continuous residence for both status right?
Re reading your post I can see that you meant to say the same thing, but did not spell it out. They would need to maintain a continuous residence that has begun before December 31st 2020. It is important to stress this out, as this is where the OP is confused.

I believe the OP has had its answer.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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