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Ask Tamari Kokrashvili Your Own Question
Tamari Kokrashvili
Tamari Kokrashvili, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 761
Experience:  LLB UK (Hons) with International Law, Foundation in the UK Law, OISC
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I am a EU citizen who lived in the UK for 13 years until

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Hi, I am a EU citizen who lived in the UK for 13 years until 2010. I would like to know if I qualify for residence and, if so, your fees for handling the paperwork.
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: Italy / Hungary. I haven't done anything because I am not in the UK but would like to go back.
JA: Have you talked to a lawyer about this?
Customer: No because I don't know if I qualify. I am looking into it now.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I really only want to know if I qualify because I don't want to pay for a consultation if I don't.

Good afternoon, I will be assisting with you question today. Kindly give me 10 minutes and I will text you the answer to your question.

Customer: replied 17 days ago.
Of course. In addition to the above. In 2006 I had to apply for a formal permanent residency card because my spouse was a non EU-UK citizen at the time (we are divorced now). I received the card but lost it ages ago. Also, I have 3 degrees (2 higher) from UK universities... not sure if it helps.
Customer: replied 17 days ago.
Hi, I haven't received anything. Can you email me rather than text my phone?

I am sorry for the delay.

How long have you been outside the UK already?

Customer: replied 17 days ago.
10 years. I was there permanently from 1997 to 2010. Studied for a BSc + MSc until 2002, then worked, then did another MSc in 2009, then left in 2010. My ex-spouse is still there and has an EU passport now. Don't know if it means anything.

If you already had a Permanent Residence Card in the UK in the past but you have been outside the country for more than 2 years in a row, your Permanent Residence will be void now.

What you can do is come in the UK and then apply for a pre-settled status before 30 June 2021.

The following is the link for the government website where you will find useful information about pre-settled status: https://www.gov.uk/settled-status-eu-citizens-families/what-settled-and-presettled-status-means#:~:text=If%20you%20do%20not%20have,your%20pre%2Dsettled%20status%20expires.

Customer: replied 17 days ago.
Great, thanks.

You are welcome. I hope I have helped.

Tamari Kokrashvili and 2 other Immigration Law Specialists are ready to help you
Customer: replied 16 days ago.
Follow up question: I found out that to qualify for settled status I need to have lived in the UK for 5 years in a row, but these 5 years need not be the last 5 years. "You can provide evidence for a different 5-year period - as long as you haven’t lived outside the UK for 5 years in a row since then." DOES THE 1 DAY RULE APPLY? I have "lived" in the UK occasionally for weeks at a time in the last 10 years (with no more than a 3 year gap) after living in the UK full time for 13.

Good evening,

Unfortunately, "Occasionally living for weeks" may not count to qualify for settled status as with the purpose of the latter, the UK should be your main residence.

Although, if you can prove with the documents that you have lived here for 5 years in a row you can try to apply for settled status, Home Office will do some checks but if they are unsatisfied they will give you pre-settled status instead.

Customer: replied 16 days ago.
Thanks again.

You are most welcome