Congratulations! You moved to the UK and you have applied for EU Pre-Settled status. What’s next?
EU citizens and their family members will qualify for settled status after completing “ a continuous qualifying period of five years of residence” in the UK.
What is a “continuous qualifying period”?
This is defined as being a period of residence that began before 11pm on 31 December 2020 and which has not been broken by one of the following:
- Absence(s) from the UK exceeding a total of six months in any 12 months period,
- A prison sentences
- A deportation, exclusion or removal decision order
How to calculate your absences?
Note that the six-month cap is not limited to a single lengthy period outside the UK, but it also applies to multiple trips totalling six months together.
Secondly, the rules under Appendix EU refer to absence(s) during “ any 12 months period” so in other words, the Home Office will not just be looking at travel during calendar year but instead consider a “rolling” period of 12 months which resets with every trip.
Thirdly, the absences are only relevant to the “qualifying period” that you will be relying on.
If you are a frequent traveller, you should keep track of your travel history in order to prevent any further dispute of your residency. It is also advisable for you to keep a copy of your flight itineraries throughout the residency period as well as your proof of address in the form of your tenancy agreement, and utility statements.
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SINCERE IMMIGRATION
