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Ms-Louise
Ms-Louise, Immigration Solicitor
Category: Immigration Law
Satisfied Customers: 198
Experience:  Partner at Solicitors
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I wanted to enquire about the EU settlement scheme, Absences

Customer Question

Hi
JA: Hi. How can I help?
Customer: I wanted to enquire about the EU settlement scheme
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: Absences in pre settled status. The home office website mentions on its website that with presettled status one can stay not more than 6 months outside UK in ANY 12 month period. This should continue for 5 years and after 5 years apply for settled status. So does the mean I can stay out of UK for a total of less than 2 and half year outside UK and be granted ILR at the end of 5 years or is it that I have to stay continuous 5 years in UK and can be outside UK just for 5 months for the entire 5 years.
JA: Have you talked to a lawyer about this?
Customer: I have presettled status but I work both places UK and UAE and I have Portuguese citizenship but also am looking for a UK at the end of 5 years No I havent talked to a lawyer as yet
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No this is it
Submitted: 10 days ago.
Category: Immigration Law
Customer: replied 10 days ago.
Also my parents applied for presettled status in 2018 but they were out of UK stuck due to covid for 11 months last year. They finish their 5 years of continuous residence in 2023. So will they get the ILR or they have to wait again until 2026. Also do they have to stay continuously for 5 years in UK or can they stay outside uk every 12 months for less than 6 months. That is that they get settled status even if they are out of UK for less than 2 and half years in 5 years?
Expert:  Ms-Louise replied 10 days ago.
Good evening.
The 12 month period is a rolling 12 months. Not 1 January to 31 December.
You must ensure that you are not out of the UK more more than 6 months in any 12 month period.
For example today is 30/4, if you left UK today and came back 6 months later ie 30/10, you couldn't spend time out of the UK in January 2022, you would have to wait until 30/4 again.
Hope that makes sense.
Customer: replied 10 days ago.
if I do that for 4 years that would make stay out of UK for almost two years. So am i still eligible for settled status after 5 years as I wont have a continuous 5 year residency?
Customer: replied 10 days ago.
For example today is 30/4/21 and if I left the UK today and came back after 6 months I can go again by 30/4/22 and come back again in less than 6 months and repeat this for 5 years and get the settled status by the end of the 5 years ?
Expert:  Ms-Louise replied 10 days ago.
that's right.
Customer: replied 10 days ago.
Also I have been staying in uk since 2019 but I only have council tax as proof as I dint work at all. Is that sufficient evidence? If they decline the home office should have to my passport immigration details and they can easily see that I was in the UK.
Expert:  Ms-Louise replied 10 days ago.
It ought to be, there is no requirement to have been working. Other things that may help, did you open a bank account? Register with a GP or Dentist, or tenancy agreements
Customer: replied 10 days ago.
I was studying part time for 3 years and I used my brother credit card for expenses. So do not have a credit history for my bank account.
Customer: replied 10 days ago.
Is part time studies counted as evidence too ?
Expert:  Ms-Louise replied 10 days ago.
definitely
Customer: replied 10 days ago.
Also my parents applied for presettled status in 2018 but they were out of UK stuck due to covid for 11 months last year. They finish their 5 years of continuous residence in 2023. So will they get the ILR or they have to wait again until 2026. Also do they have to stay continuously for 5 years in UK or can they stay outside uk every 12 months for less than 6 months. That is that they get settled status even if they are out of UK for less than 2 and half years in 5 years
Expert:  Ms-Louise replied 10 days ago.
The Home Office has a policy that noone should be disadvantaged due to covid. So long as they can show that was the reason for the extended absence it should not affect their application.
The same rules for absences apply as we spoke about earlier.
Customer: replied 9 days ago.
Hi also wanted to know that if my parents get the british citizenship in the coming years as they live in UK. Will my brother aged 30 year old be able to get the citizenship as well without staying in UK ?