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Continuous Residency in the UK for EU Citizens

Continuous Residency in the UK for EU Citizens

Old Feb 5th 2020, 10:23 am
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Smile Continuous Residency in the UK for EU Citizens

Hi all,

I have a question on residency in the UK but before that, i have to share some information to make it easy for you to answer. Here it goes, I came to the UK in 2018/September to do my master's as a European Citizen (Italian). I have granted "Pre-Settled Status" in 2019/May. After finishing the studies, i came back to Sri Lanka (which is my home country) for a visit in 2019/Noevember. It has been 3 months and a week or so to the date.

However, I've heard from somewhere that to maintain continuous residence in the UK, you should NOT stay outside of the UK for more than 6 months. But I know that the Brexit didn't change the EU immigration rules in the UK even though the UK has left the EU on 31st Jan because of the Transition Period.

So my question is, does that rule (Continuous Residency) valid for me or does it not matter until the UK ends the transition period?

P.S. The question is because i originally planned to return to the UK before 6 months period but now i want to apply visa for my mom to visit the UK on my graduation day. It takes some time for the process with the situation and IF i have to stay here over 6 months will it be a problem for me in the future?

Thank you and Warm Regards,
Hassy.
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Old Feb 5th 2020, 10:43 am
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Default Re: Continuous Residency in the UK for EU Citizens

It doesn’t matter during the transition period. The only possible negative would be you may need to wait a little longer before being eligible for settled status.

After 1 January 2021 you can spend up to two years outside the UK without losing your pre-settled status and up to five years without losing your settled status.
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Old Feb 5th 2020, 11:23 am
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Default Re: Continuous Residency in the UK for EU Citizens

Originally Posted by BritInParis View Post
It doesn’t matter during the transition period. The only possible negative would be you may need to wait a little longer before being eligible for settled status.

After 1 January 2021 you can spend up to two years outside the UK without losing your pre-settled status and up to five years without losing your settled status.
Thank you for the reply. As i remember, my pre-settle status has mentioned that it is valid until 2024 May. As you said, if i would have to wait a little more to get settle status i don't have much time as i have very little residency record in the UK. (1 Year and 1 Month).

The other concern is that if i brake the chain of continous residency that i have kept so far, i definitely will not have enough time for settle status as it requires 5 years continous residency in there.

Now, you also said that it doesn't matter in the transition period. Is that true? Can i see an official reference to that?

Thanks again.
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Old Feb 5th 2020, 12:43 pm
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Default Re: Continuous Residency in the UK for EU Citizens

Originally Posted by hdimantha View Post
Thank you for the reply. As i remember, my pre-settle status has mentioned that it is valid until 2024 May. As you said, if i would have to wait a little more to get settle status i don't have much time as i have very little residency record in the UK. (1 Year and 1 Month).

The other concern is that if i brake the chain of continous residency that i have kept so far, i definitely will not have enough time for settle status as it requires 5 years continous residency in there.

Now, you also said that it doesn't matter in the transition period. Is that true? Can i see an official reference to that?

Thanks again.
I think you are confusing a couple of different points.

1) Any EU citizen can move to the UK to exercise their FOM rights before 1 January 2021.

2) If you hold pre-settled status then you can leave the UK for up to two years and still be able to return. This will however reset your clock towards settled status.

3) Your pre-settled status is valid until May 2024. At that point you’ll need to apply again and if you have five continuous years of residence in the UK then you’ll be granted settled status. If not you’ll be granted a further period of pre-settled status.
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Old Feb 5th 2020, 1:29 pm
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Default Re: Continuous Residency in the UK for EU Citizens

Originally Posted by BritInParis View Post
I think you are confusing a couple of different points.

1) Any EU citizen can move to the UK to exercise their FOM rights before 1 January 2021.

2) If you hold pre-settled status then you can leave the UK for up to two years and still be able to return. This will however reset your clock towards settled status.

3) Your pre-settled status is valid until May 2024. At that point you’ll need to apply again and if you have five continuous years of residence in the UK then you’ll be granted settled status. If not you’ll be granted a further period of pre-settled status.
Again let me be clear,

According to you second point, i want to know how long can a EU citizen with pre-settle status stay outside the UK before resetting the clock (not the time before lose the status)?

and also, according to your extra information in 3rd point, what do you mean by granting a further period of pre-settle status? Would that be possible?

Thank you very much for your support.
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Old Feb 5th 2020, 11:55 pm
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Default Re: Continuous Residency in the UK for EU Citizens

Originally Posted by hdimantha View Post
Again let me be clear,

According to you second point, i want to know how long can a EU citizen with pre-settle status stay outside the UK before resetting the clock (not the time before lose the status)?
Like you already said, no more than six months in any given twelve month period.

and also, according to your extra information in 3rd point, what do you mean by granting a further period of pre-settle status? Would that be possible?

Thank you very much for your support.
I mean your pre-settled status would continue until you clocked up five consecutive years of residence. I would however recommend returning to the UK before you hit the six month mark to avoid resetting your clock. You don’t need to remain in Sri Lanka until your mother receives a decision on her visa.
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Old Feb 6th 2020, 2:46 am
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Default Re: Continuous Residency in the UK for EU Citizens

I think, Now i heard the right information what i need to know. Even though i have the right to stay outside for up to 2 years, it should not be more than 6 months if i want to maintain the continuous residence.

Feeling really sad about it.
-------------------

Thank you for the information and advice. Rep Added.

Highly Appreciated!
​​​​​​​
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Old Feb 6th 2020, 2:49 am
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Default Re: Continuous Residency in the UK for EU Citizens

You are very welcome
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