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Settled status, absence and proof of return to UK

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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viasection
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Settled status, absence and proof of return to UK

Post by viasection » Fri Feb 23, 2024 2:41 pm

Hi,

I need advice regarding the EU settlement scheme.
I’ve obtained my settled status on April 3rd 2019 and the left UK to work abroad on May 17th 2019. I’m planning to move back to UK before May 17th 2024 to make sure I don’t breach 5 year rule and lose my settled status
As I’m planning to apply to British citizenship at some point, what evidence do I need to gather in order to prove that I have moved to UK before I reached 5 years of absence?
I was thinking to stay with a friend before I can find somewhere to live but I’m not sure how this can be evidenced.
Appreciate your advice on this

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alterhase58
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Re: Settled status, absence and proof of return to UK

Post by alterhase58 » Fri Feb 23, 2024 2:50 pm

First of all, with 5 years absence it will take quite some time to qualify for naturalisation - note that naturalisation has it's own requirement under the British Nationality Act. EUSS is under UK immigration rules - the allowances you get under EUSS are separate and won't be recognised for BC. Best to familiarise yourself with the guidance: https://www.gov.uk/government/publicati ... n-guidance

NB. strangely enough, I know, start recording your absence periods from the UK from when you arrive back in the UK!
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

viasection
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Re: Settled status, absence and proof of return to UK

Post by viasection » Fri Feb 23, 2024 3:38 pm

Thanks for a quick response. Yes, I’m not planning to apply for BC until at least 2029.
One of the requirements for BC is to have ILR or EUSS. Obviously it needs to valid. How do I evidence that I actually returned in May 2024 and all my absences post that were as UK resident and not someone who lived abroad. Is it council tax, rental agreement etc?

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alterhase58
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Re: Settled status, absence and proof of return to UK

Post by alterhase58 » Fri Feb 23, 2024 3:48 pm

Basically P60s or Council Tax Bills, either will be sufficient for naturalisation. No need for multiple documents. One per year will suffice. Of course rules may change over the next few years, but not aware of anything in the pipeline.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

viasection
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Re: Settled status, absence and proof of return to UK

Post by viasection » Fri Feb 23, 2024 4:22 pm

Thanks for the response. This is really helpful.
I will most likely start my new role in UK on July 1st so P45 might not help me with evidencing right dates. For a council tax, does it have to be council tax or it can be also rental agreement? Is there a list of allowed documents I can find somewhere? I was thinking to stay with a friend until I find a place to rent. Finding a property to rent can take time and then I will need to wait a council tax bill to arrive. Not sure long it’ll take..
really appreciate your help on this

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alterhase58
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Re: Settled status, absence and proof of return to UK

Post by alterhase58 » Fri Feb 23, 2024 7:30 pm

Document requirements are more restrictive than for EUSS. Basically official type documents are require no bank statements or utilities bills. There’s no comprehensive list of documents.

Note the date you arrived in the UK doesn’t have to proven for naturalisation neither that you were in the UK 5 years back from the application date,
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

viasection
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Re: Settled status, absence and proof of return to UK

Post by viasection » Sat Feb 24, 2024 4:48 pm

Ok noted. Thank you very much for your help

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