Pre Settled to Settled Status

[zafran1]

Thanks for the help in advance - Can't believe it' been 5 years to when i was anxiously enquiring about details and dealing with all the ambiguity of the process - amazing community.

My wife (EU) has documentation to prove i arrived in UK in FEB 2019 . Considering that it's one month away could i apply for pre settled status switch to settled now. I am thinking of application processing time etc and the eventual British passport application requiring settled status acquisition event to have happened. So if they can grant it for FEB 2024 if i apply now.

(may seem like a trivial one month but quite relevant and important due to severe tax implications).

[alterhase58]

Please clarify: what tax implications are you concerned about in connection with settled status?
You also mention “British passport”, you’ll need to apply for naturalisation first. It’s not clear what you are asking.

[zafran1]

Considering it takes some time to process - can we apply for a switch to settled status now (2-3weeks before 5 years are complete) rather than apply after 5 years are complete.
Sorry about the confusion.

[alterhase58]

As far as I know 5 years need to be completed. Others may have tried it earlier.
I believe what you can do is to start the application earlier, save it and then submit when due.

[CR001]

Please clarify: what tax implications are you concerned about in connection with settled status?
You also mention “British passport”, you’ll need to apply for naturalisation first. It’s not clear what you are asking.

See previous topic, think OP works abroad and is hedging residency in two countries.

eea-route-applications/gaps-in-uk-stay- ... l#p2108859

[eubritish]

Considering it takes some time to process - can we apply for a switch to settled status now (2-3weeks before 5 years are complete) rather than apply after 5 years are complete.
Sorry about the confusion.

No you cannot apply even a day earlier. You must wait till the date when your pre-settled status was granted.

[Khanz8211]

Yes, you can apply. I applied 4 weeks before and did not wait to complete my five years. I received my settled status a week ago.

[Patelboy]

@ Khanz8211 how long did it take you to get a Decision for switching to settled status

[zafran1]

@ Khanz8211 how long did it take you to get a Decision for switching to settled status

Based on his comment c 3 weeks. I applied 1 week prior to 5 years. Settled status granted to wife and kids (EU nationals) in 4 weeks. Mine (non EU) still pending and a bit of a nail biting finish to April 5 deadline of getting settled status and applying for the BRP.

[zafran1]

Once the home office approves pre settled status to settled status - does one need to apply for another BRP with settled status on it or the HO sends it automatically with application approval?

[Khali007]

There is no more physical BRP cards from 31 DEC 2024 hope that helps.

[zafran1]

That's concerning - Then how does one prove to airlines etc - i travel from exotic parts of the world to UK and i doubt they would let me board the flight without one?
My BRP expires in Aug 2024 -> what about the intervening period to Dec 2024.

[Casa]

That's concerning - Then how does one prove to airlines etc - i travel from exotic parts of the world to UK and i doubt they would let me board the flight without one?
My BRP expires in Aug 2024 -> what about the intervening period to Dec 2024.

You should be issued with a Share Code, which can be accessed online by employers etc., as proof of your permanent residence.

[zafran1]

My BRP/C expires in June 2024 and i would be leaving the country on April 5 - no longer resident for tax purposes. Does it mean i should withdraw my settled status application when i leave the country and thereafter use a visa to enter / leave the UK?

Does the settled status application imply that one is going to live in the UK permanently - (which would get voided if one left tax residence? ) and hence must be withdrawn if one leaves the UK mid process?

[seekingadvice87]

My BRP/C expires in June 2024 and i would be leaving the country on April 5 - no longer resident for tax purposes. Does it mean i should withdraw my settled status application when i leave the country and thereafter use a visa to enter / leave the UK?

Does the settled status application imply that one is going to live in the UK permanently - (which would get voided if one left tax residence? ) and hence must be withdrawn if one leaves the UK mid process?

With your settled status, if you leave the country for more than 5 consecutive years then you will lose your settled status. You can still use your settled status to return within the first five years. Do you have an outstanding settled status application or you already have a settled status application? Your nationality would determine whether or not you need a visa to travel to the UK.

[zafran1]

outstanding settled status application. Non EEA married to EU spouse. Wife and kids (EU) have all received settled status a few weeks back. I leave on 5 April regardless but wonder about
1./ withdrawing current application
2./ how to enter UK next time
3./ BRP/BRC -> expires July -> how to cover July- December period if i get settled status in interim.

What i don't want is anything which would not be aligned with spirit of the regulations - not just the letter. Extremely high potential risk if character /integrity is called into question (high finance) so want to be super cautious.

[justanotherchilli]

Hi,
When are hoping to come back to the UK? I don't know why you would want to cancel your application? I'm not sure that tax residency is defined in the same way as residency for immigration purposes. I know that residency for tax purposes is a lot more complicated and depends on not only length but primary residence, family ties etc. definitely worth getting a lawyer or tax accountants advice on this. Your circumstances appear to be very unique and we're not legal experts.

The BRC matter would depend on when you're planning on coming back to the UK. I recently got my status upgraded from pre-settled to Settled. They won't issue you with a new card if you have a current one that's not expired. You have to apply to do that yourself if you want to cover the period up to 31st Dec, but this requires a biometric appointment. I'm not sure whether you can arranged to do that from overseas!