The Home Office has put out guidance confirming that absences caused by COVID-19 will be “an important reason” in justifying absence from the UK of over six months. But not all COVID-19 absences are eligible. Firstly, the absence cannot be for more than a year. Secondly, the applicant must have been stopped from travelling due to COVID-19 and have evidence. It seems it will not be sufficient if an applicant simply preferred to stay abroad if they could have travelled back.
For example, take a Romanian national who moved to the UK in November 2018 and was granted pre-settled status in March 2019, which would be valid until March 2024. If, in February 2020, she had travelled to Romania and could have taken a flight back to the UK but, as due to being furloughed, decided to stay there and travelled back in November 2020. The guidance from the Home Office says that she cannot rely on the COVID-19 exception because she could have returned to the UK before the six-month point.
She would therefore have to re-apply for pre-settled status before March 2024 and rely on the fact she resumed her residence in the UK in November 2020. In this example, furlough meant she continued to be paid by her employer even while abroad. Other applicants may be working remotely. The Home Office will do further checks with HMRC to verify an applicant’s residence.
Immigration Solicitors Oldham, Rochdale and Manchester
If you have any questions on the matters raised in this stuck abroad EU settlement scheme article and need the help of Rochdale immigration solicitors, Oldham immigration solicitors and Manchester Immigration solicitors then please contact our Oldham Solicitors, Manchester Solicitors and Rochdale Solicitors on 0161 660 6050 and we will be happy to help.
