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LawyerAk, Solicitor
Category: Immigration Law
Satisfied Customers: 1522
Experience:  Expert in Immigration and family law
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I am a Spanish citizen residing in the UK, I am a 2020

Customer Question

My name is Maximo, I am a Spanish citizen residing in the UK, I am a 2020 business with entrepreneurship graduate from the Manchester Metropolitan University qualified with a 2:1. Due to the Covid19 out break, I had to return to Spain in mid March, 2020, as the Spanish Foreign Minister suggested to the Spanish citizens living abroad to return as soon as possible as borders could be closed in the near future. I couldn't return on 2020 due to the restrictions in travelling and I finally returned the 25th of February of the current year. I got confused when applying to the pre-settled status I accidentally applied for the Settled Status, once they send me an e-mail asking me for the proof of being in the UK for 5 years I contacted the home office to explain my error they told me I that if I applied for the pre-settled I would '' Hear good news in a few days'' in regards ***** ***** status, suggesting that I would get pre-settled status. Few days later I got a call from the home office explaining me that they where going to deny my Pre-settled status as I had been out of the UK for more than 6 months before the 31st of December.After this I wrote a pdf letter and uploaded to a new application, explaining that I have been out of the UK for an important reason as travelling was restricted to just essential travel and there was no way I could return before without breaking the law and that I haven't been out for more than 12 months.Is there any steps further I should take?
Submitted: 15 days ago.
Category: Immigration Law
Expert:  LawyerAk replied 15 days ago.

Good afternoon Maximo, as you have explained due to covid restrictions you could not return this should be a valid  reason to be granted pre settled status.

Expert:  LawyerAk replied 15 days ago.

You now will await to hear a decision from the home office.

Expert:  LawyerAk replied 15 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify anything or if you have any additional questions-I am happy to help!

Customer: replied 15 days ago.
Thank you very much for your response
Customer: replied 15 days ago.
My name is Máximo Jesus Guerra Silva, I am a Spanish citizen and I studied a business with Entrepreneurship degree in the UK, in the Manchester Metropolitan University, graduating in 2020. Due to the Covid-19 pandemic, I had to travel back home the 20th of March, following the recommendations of the Spanish Foreign Minister Arancha Gonzalez Laya, who suggested to the Spanish citizens living abroad to return as soon as possible as there was a possibility of borders closing in the near future. Even though I was in Spain I kept up with online studies until late June when I was awarded a 2:1 qualification in my degree. After I got my degree, I decided to stay in Spain and search remotely for jobs in the UK, as the UK authorities restricted travelling to essential travel only, so there was no way I could return to the UK without breaking the law, as at that moment I didn’t have a job in the UK. I decided to move back the 25th of February 2021 having in mind that the UK Government would apply an easing of the Covid-19 restrictions the 12th of April 2021. Currently I am living in the UK, and my plan was always to stay and develop my career in the UK as I studied a UK degree. I really suggest you take this as an important reason for my absence of more than 6 months as the pandemic has been an extraordinary situation that the entire world has faced, and without it I wouldn’t have left the UK. In any case I have been less than 12 months out of the UK channel islands and I believe I have been out for an important reason as all I have done is follow the law and the UK and International guidelines to prevent the spread of the Covid-19 by avoiding non-essential traveling, at a time where all of the world but specially the UK and Spain where going through tough times due to the Covid-19 spread.
Kind Regards, Máximo Guerra
Customer: replied 15 days ago.
This is the letter I uploaded to my application, should this be fine ?
Expert:  LawyerAk replied 15 days ago.

The letter will be fine to submit . Did you also submit evidence such as articles about restrictions in Spain at that time?

Customer: replied 15 days ago.
No I haven´t, I will do it right now. I have uploaded my rental agreement from last year which is dated from September 2019 to June 2020, my rent payment of some months and the my university degree certificate. Is there anything else I should upload besides the articles ?
Expert:  LawyerAk replied 15 days ago.

Apart from tenancy agreement, degree certificate and articles this will be sufficient proof.

Customer: replied 15 days ago.
Perfect Thank you very much, you have been really helpful
Expert:  LawyerAk replied 15 days ago.

It was a pleasure assisting you today. Kin