Presettled status abcenses for qualifying period

[mrsbunny]

I have presettled status and last year I went back to my home country. I'm now planning my return to the UK and wanted to better understand how abcences are taken into account for Settled Status qualifying period considering the Home Office new guidance allowing for a 12 month absence due to the pandemic.

For example, I left the UK on 20 August 2020. It's clear to me that undee the new guidance returning to the UK by 15 August 2021 would not break my qualifying period.

What's unclear to me is if after returning to the UK on 15 August 2021 whether leaving the UK again for three months from 1 October to 31 December 2021 would break the qualifying period since looking at a 12 months period on a rolling basis I would have been out of the UK for more than 6 months (1 January 2021 to 31 December 2021).

Or is it the case that the 12 months abcense simply doesn't count for subsequent abcenses, i.e., only the new three months abcense would count so the qualifying period would not be broken.

I've tried using the abcense calculator from the 3million website but it gives the impression that abcenses are calculated on a standalone basis with each abcense being treated independently. From reading in several other places this doesn't seem accurate. For example, if during a 12 month period there are two abcenses of four months the qualifying period is broken (unless the abcenses were for "an important reason").

I'd be grateful if we could compare notes on the above. Thank you

[secret.simon]

For example, I left the UK on 20 August 2020. It's clear to me that undee the new guidance returning to the UK by 15 August 2021 would not break my qualifying period.

I am not sure I agree. Can you link to the guidance you are referring to and the specific paragraph within it?

[mrsbunny]

Sure. The reason I stayed outside the UK was because I preferred to work from home in my native country.

Please see the link below. I refer to the last bullet point, copied here for reference:

"absent from the UK for another reason relating to coronavirus, for example, you left or remained outside the UK because there were fewer coronavirus restrictions elsewhere; you preferred to work or run a business from home overseas; or you would have been unemployed in the UK and preferred to rely on support from family or friends overseas"

Link:
https://www.gov.uk/guidance/coronavirus ... ants#above

[goodpartner]

I think if they pardon 4 months which you were absent due to COVID 19, then you are all right. There should be a mechanism as they really put it as an excuse for people to be absent. But will listen to other experienced people!

[goodpartner]

Or you are right, it makes sense if this 12 months does not count. Have the same situation

[goodpartner]

any thoughts?

[goodpartner]

any thoughts?

How usually they pardon the absence for important reasons of 12 months?? Such as pregnancy or military service?

[kamoe]

any thoughts?

Not really providing an answer to the original question, and I'm not saying anyone here is necessarily doing this on purpose, but since you have repeatedly so keenly asked for thoughts, I would say:

It is a really bad idea to be "planning an important absence". These provisions are there to provide a contingency solution for the case of people having exceeded the normal allowed time because of circumstances out of their control. Don't go looking for trouble if you can avoid it.

[goodpartner]

any thoughts?

Not really providing an answer to the original question, and I'm not saying anyone here is necessarily doing this on purpose, but since you have repeatedly so keenly asked for thoughts, I would say:

It is a really bad idea to be "planning an important absence". These provisions are there to provide a contingency solution for the case of people having exceeded the normal allowed time because of circumstances out of their control. Don't go looking for trouble if you can avoid it.

Sure, what I meant is that they would use the same method to pardon the issue is what topic maker asks? If he was absent for 12 months under covid 19 reason of absence, and then decided to travel for 2 weeks within the next 3 months how they treat it? will they just pardon 12 months and all absences afterwards will be calculated as from zero days?

That's the question I think topic maker asks.