Worried for my sons pre settled status

[Dexplay]

Hello I am British my Son is Danish - he came to live with me in the UK in 2019 due to quite severe mental illness. He was granted Pre settled status in February 2020 - fast forward to January 2023 he made a choice he wanted to go back to Denmark to live a while with his mother (he has autism and schizophrenia) he was not sure how long he wanted to be away from the UK. I closed down his DWP payments in that month as he was out of the Country - he did keep flying back until april 2023 for a few days each month - as he had to have blood tests monthly for specific medication he takes.

Anyway April 2023 he became unwell again and has been in hospital in Denmark right up until today. He now wishes to return to the UK with me which I am starting to arrange with medical team to transfer his treatment back to the UK it will take some weeks but by End of July he will be living with me again in the UK.

But I am worried as he has been out of the UK for more than 6 months - and his pre settled status ends in Feb 2025 - I know he cant apply for settled status - but im worried he would not be allowed to reside here with me after feb 2025. I am not quite sure what to do. He can not sort out his own affairs because of his illness so I have to do it all for him. So will the automatic extension of 2 years pre settled status be applied in Feb or will it just be cancelled ? sorry for the long post - but im really concerned about this. I cant get him British citizenship because he was born in Denmark and me and his mother were not married - which apparently is a requirment so I am relying on pre settled status to keep him here.

thank you Dino

[secret.simon]

When was he born (month/year) and how did you acquire your British citizenship?

[contorted_svy]

Read the guidance https://www.gov.uk/guidance/coronavirus ... nts#above1

Absence exceeding 12 months
Under Appendix EU, your ‘continuous qualifying period’ of residence will not be broken where you have been absent for a single period of up to 12 months for an ‘important reason’.

Examples of an ‘important reason’ include (but are not limited to):

pregnancy
childbirth
serious illness
study
vocational training
an overseas posting
It also includes where, as set out above, you have been absent because of coronavirus.

However, if you have been absent for an ‘important reason’ – whether because of coronavirus or for another important reason – but your absence has exceeded 12 months because coronavirus meant you were prevented from, or advised against, returning to the UK earlier, you have exceeded the absence permitted under Appendix EU.

You can still apply to the EU Settlement Scheme where you can evidence that this extended absence is because coronavirus meant you were prevented from, or advised against, returning to the UK within 12 months and for a period thereafter.

This includes (but is not limited to) where you can show you were:

ill with coronavirus
in quarantine, self-isolating or shielding in accordance with local public health guidance on coronavirus
caring for a family member affected by coronavirus
prevented from returning earlier to the UK due to travel disruption caused by coronavirus
advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus
This means that where, after an absence of 12 months for an ‘important reason’, coronavirus meant you were prevented from, or advised against, returning to the UK within 12 months, you will be treated as not having broken your continuous qualifying period of residence.

Read examples of evidence that you can provide to confirm your absence and the reason for it see.

The period of absence exceeding 12 months will not be counted towards your continuous qualifying period of residence under the EU Settlement Scheme. Your continuous qualifying period will be paused from the point your absence reached 12 months and will resume from the point you return to the UK.

Where you hold pre-settled status, and this is due to expire before you can complete the continuous qualifying period of residence required for you to be eligible for settled status, you will be able to apply for a further grant of pre-settled status.

According to the highlighted part your son will be allowed an extra extension of pre-settled status, but be mindful with future extended absences as you are only allowed one absence of more than 12 months. Also read the part above - you can document that your son has an illness and the treatment that was pursued in Denmark. It may be the case that your son's continued period of residence could potentially not close the door for him getting settled status in 2025, but you may need the help of a solicitor to secure that.

[Dexplay]

When was he born (month/year) and how did you acquire your British citizenship?

Hi I am British by birth - mum English - my son was born 03/98 thank you

[Dexplay]

Read the guidance https://www.gov.uk/guidance/coronavirus ... nts#above1

Absence exceeding 12 months
Under Appendix EU, your ‘continuous qualifying period’ of residence will not be broken where you have been absent for a single period of up to 12 months for an ‘important reason’.

Examples of an ‘important reason’ include (but are not limited to):

pregnancy
childbirth
serious illness
study
vocational training
an overseas posting
It also includes where, as set out above, you have been absent because of coronavirus.

However, if you have been absent for an ‘important reason’ – whether because of coronavirus or for another important reason – but your absence has exceeded 12 months because coronavirus meant you were prevented from, or advised against, returning to the UK earlier, you have exceeded the absence permitted under Appendix EU.

You can still apply to the EU Settlement Scheme where you can evidence that this extended absence is because coronavirus meant you were prevented from, or advised against, returning to the UK within 12 months and for a period thereafter.

This includes (but is not limited to) where you can show you were:

ill with coronavirus
in quarantine, self-isolating or shielding in accordance with local public health guidance on coronavirus
caring for a family member affected by coronavirus
prevented from returning earlier to the UK due to travel disruption caused by coronavirus
advised by your university or employer not to return to the UK, and to continue studying or working remotely from your home country, due to coronavirus
This means that where, after an absence of 12 months for an ‘important reason’, coronavirus meant you were prevented from, or advised against, returning to the UK within 12 months, you will be treated as not having broken your continuous qualifying period of residence.

Read examples of evidence that you can provide to confirm your absence and the reason for it see.

The period of absence exceeding 12 months will not be counted towards your continuous qualifying period of residence under the EU Settlement Scheme. Your continuous qualifying period will be paused from the point your absence reached 12 months and will resume from the point you return to the UK.

Where you hold pre-settled status, and this is due to expire before you can complete the continuous qualifying period of residence required for you to be eligible for settled status, you will be able to apply for a further grant of pre-settled status.

According to the highlighted part your son will be allowed an extra extension of pre-settled status, but be mindful with future extended absences as you are only allowed one absence of more than 12 months. Also read the part above - you can document that your son has an illness and the treatment that was pursued in Denmark. It may be the case that your son's continued period of residence could potentially not close the door for him getting settled status in 2025, but you may need the help of a solicitor to secure that.

Thank you for this covid did not impact my son. It was his mental health but he has been out over a year - so by what you shared he will get an extension in Feb 2025 when his pre settled status is set to expire ? He should be returning with me in a few weeks we are just trying to arrange transfer of treatment. Would he have any issues at border control with his Danish passport ? thank you for your reply Dino

[Dexplay]

Hi I also read this on another website not sure if its fact

"Effective May 21, 2024, the duration of pre-settled status automatic extensions under the EU Settlement Scheme (EUSS) has increased to five years (up from the previous two years). "

anyone any idea on this and would it apply to my Son who has been absent over 12 months from the UK
Thank you Dino

[Dexplay]

HI I am confused what does continuous residency mean ?
the law now seems to be all persons who hold pre settled status get an automatic extension (dont know if its 2 or 5 years ) before expiry.

Then I read elsewhere you can be out of the UK for up to 2 years without loosing pre settled status - but can only be out of the UK for no more than 6 months out of 12 or you loose continuous residency. How does one affect the other.

I am due to fly in with my son again after his absence of around a year and half out of the UK - in early July - his pre settled status is currently stating online its active/ valid until feb 2025
is he at risk of this being cancelled before Feb 2025 because of his absence ?
do you think the automatic extension of pre settled status will apply to him ?

I am really worried because he needs continual medical treatment which he would not get if they suddenly cancel his pre settled status
any pointers on this would be greatly appreciated
thank you DIno

[contorted_svy]

Breaking continuous residence woul impact your son's ability to obtain settled status. If he is away from the UK for more than two years he would lose settled status directly. I have linked all the relevant guidance - as your son's health is a primary concern I would advise speaking to a solicitor to plan for future absences.

[Br28016]

Worth having a read of guidance in link below as may provide an alternative solution. Reading your post sounds like eligible to go down that route.

https://www.gov.uk/government/publicati ... le-version

Example
George was born in the USA in 1969. His father was born in the UK. His father did not marry George’s American born mother. If unmarried fathers had been able to pass on citizenship in 1969, George would have become a CUKC at birth and then a British citizen. He can apply using the Form UKF.

[contorted_svy]

Worth having a read of guidance in link below as may provide an alternative solution. Reading your post sounds like eligible to go down that route.

https://www.gov.uk/government/publicati ... le-version

Example
George was born in the USA in 1969. His father was born in the UK. His father did not marry George’s American born mother. If unmarried fathers had been able to pass on citizenship in 1969, George would have become a CUKC at birth and then a British citizen. He can apply using the Form UKF.

Worth checking, but I also saw this

You will generally be able to register under these provisions if you were:

Born outside of the UK before 1 July 2006 and your unmarried father was born, naturalised or registered in the UK before you were born

Born inside the UK on or after 1 January 1983 and before 1 July 2006, and your unmarried father was born, naturalised or registered in the UK before you were born, or was settled in the UK when you were born

Born on or after 1st July 2006, but you did not become a British citizen because your mother was married to someone other than your natural father

Unless OP could't be married to child's mother because she was married it doesn't seem to apply to a child born outside of wedlock.

[Br28016]

OP didnt post all details of the mother's status but he did say that son was born before 2006 (1998). Rules changed in 2006 to cover citizenship from father when unmarried. As such think he is covered under section below. That said the devil is in the detail so may be some point not aware of such as marriage status of mother. Think there have also been changes to cover the section you highlighted since 2006. May be worth OP posting the details in the british citizenship group and also why he thinks cannot get son British Citizenship.

Who can register?
You will generally be able to register under these provisions if you were:

Born outside of the UK before 1 July 2006 and your unmarried father was born, naturalised or registered in the UK before you were born

[Dexplay]

Hi just to update I have applied to get my Son UK citizenship used application UKF
was never married to his mum - he was born 1998 - and I am British by birth

I did need DNA test which was expensive as his birth certificate was not issued until a few years after he was born.

Did all biometrics last week - application submitted and now its just a waiting game. It can take 6 months or longer but hopefully it all goes through without an issue. thanks