Q&As

Where an EEA citizen has obtained pre-settled status but then leaves the UK, and will not return to the UK before 11 pm on 31 December 2020—during which time they may break their continuity of residence—is there any benefit to them applying again for pre-settled status from overseas prior to 31 December 2020?

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Published on LexisPSL on 17/11/2020

The following Immigration Q&A provides comprehensive and up to date legal information covering:

  • Where an EEA citizen has obtained pre-settled status but then leaves the UK, and will not return to the UK before 11 pm on 31 December 2020—during which time they may break their continuity of residence—is there any benefit to them applying again for pre-settled status from overseas prior to 31 December 2020?

Where an EEA citizen has obtained pre-settled status but then leaves the UK, and will not return to the UK before 11 pm on 31 December 2020—during which time they may break their continuity of residence—is there any benefit to them applying again for pre-settled status from overseas prior to 31 December 2020?

In order to become eligible for settled status (indefinite leave to remain under Appendix EU), where they have not already lived in the UK for a continuous period of five years and no other basis for eligibility applies, an EEA citizen with pre-settled status will need to have accrued five years continuous residence in the UK which commenced before the specified date (11 pm on 31 December 2020) (Immigration Rules, Appendix EU, para EU11, and definition ‘continuous qualifying period’).

Practice Note The EU Settlement Scheme—the eligibility requirements under Appendix EU notes that:

'Continuous residence generally means being physically present in the UK or Islands (Bailiwick of Guernsey, Bailiwick of Jersey or the Isle of Man) for at least six months in any 12-month period, without any periods of imprisonment, uncancelled or outstanding deportation orders or removal/exclusion decisions from the UK or Islands (as these all break the continuity of residence). The wording of the rule suggests that the Home Office’s intention is that absences are calculated on a ‘rolling’ basis, in line with categories

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