Could I Lose My Pre-Settled Status If I Leave The UK Due to Covid 19?

At present, many EU citizens who have been living and working in the UK, are looking to go home to spend time with their families following lockdown restrictions. The EU Settlement Scheme has been marketed by the UK government as being simple and generous, and since March 2019, 3.4 million European citizens have applied for pre-settled or settled status in the UK. However, no one could have predicted the immense challenges and upheaval that would come with the global pandemic.

Even before lockdown measures and travel restrictions were in place, there was confusion over how periods of absence from the UK might affect pre-settled status. If you have pre-settled status, it is essential that you fully understand the absence rules, particularly in light of the COVID-19 outbreak. In this article, we look at the rules and exemptions in relation to pre-settled status and the Coronavirus outbreak.

UK Pre-settled and Settled Status Immigration Rules

Under the current UK immigration rules, citizens of European countries who wish to live and work in the UK must apply for either pre-settled or settled status in order to remain in the UK. This is as a result of the UK withdrawal from the European Union on January 31st 2019.

Generally, where people with pre-settled status are outside the UK for more than 6 months in any 12 month period, in the five year period that it takes to attain full settled status, the five year period will start over again. Where they return after 31 December 2020, they may lose the right to apply for full settled status altogether.

Could I Lose My Pre-Settled Status If I Leave The UK Due to Covid 19?

Under the current regulations relating to the EU Settlement Scheme, where are absent from the UK for a continuous period of time, they may not lose their pre-settled status automatically. However, an extended absence may still put their ability to apply for settled status at risk. The current regulation outlines that continuous residence will only be valid where you have not spent more than 6 months outside of the UK within any 12 month period, so it is essential that you strive to ensure your absence does not exceed this limit.

But, there are exceptions under the legislation. An example is that EU citizens may leave the UK for one period of up to 12 months for an important purpose. Examples include childbirth, severe illness or vocational training.

The 12 month absence period may be applied to those who need to spend time outside of the UK as a result of the Coronavirus pandemic, but only where certain requirements are met.

Under the current rules relating to the coronavirus pandemic health emergency, the absence exemption for one period of 12 months only applies to applicants who spent time outside of the UK because they became ill as a result of COVID-19. This would fall under the 'serious illness' exemption. But, the exemption would not apply to any time spent outside of the UK prior to contracting the illness.

I have spent more than 6 months outside of the UK, what can I do?

Where you have already spent more than 6 months outside of the UK in any 12 month period and the Home Office has not approved your absence as exceptional circumstances, you will, unfortunately, lose your pre-settled status. If you return to the UK before 31st December 2020, it is possible to complete a new application for pre-settled status and the five year period will start again.

I am currently outside of the UK but I will not be able to return at the moment, what can I do?

As a result of the Coronavirus pandemic, airlines continue to cancel flights to and from the UK to keep people safe. Where you have pre-settled status and you are stuck in another country unable to return, it is understandable that you will be concerned about jeopardising your ability to apply for settled status. The Home office has not yet addressed this issue. Our recommendation is to keep hold of all documentation that proves why you were not able to return to the UK. You should obtain copies of national measures relating to travel bans, proof of any barriers to returning such as evidence of your need to assist a family member that required your help.

Applying for the EU Settlement Scheme - Again, or for the first time

EU citizens may apply for the UK Settlement Scheme where they began living in the UK before 31st December 2020. As outlined above, if you have previously applied for settled status and have not been able to complete the five years of continuous residence requirement, you can apply for the scheme again before the 31st December 2020.

In order to obtain full settled status, you must live in the UK for a continuous 5-year period, and not have spent more than 6 months outside of the UK (including in the Channel Islands of the Isle of Mann) in any 12 month period. Unless, the exemption applies.

At present, it is taking longer to process applications than usual. The deadline for applications is 30th June 2021, but you must be able to prove that you began living in the UK before 31st December 2020. Also, if you are unable to meet this deadline for a legitimate reason, you may be given the opportunity to apply at a later date.

Contact Paul John & Co Immigration Lawyers

If you need advice and assistance regarding pre-settled status, full settled status or any other immigration matter, get in contact with our solicitors today. We understand how challenging this time may be for you, but we can help you navigate the complex UK immigration rules. In light of lockdown restrictions, we can carry out consultations by phone or video call. Get in touch with us today by calling 020 8215 1205 or complete our online enquiry form and we will get back to you without delay.