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My father has received pre-settled status in April 2019. He hasn't really lived in the UK (short visits) but planning to move here by the end of the year.

It seems there might be a problem when his current pre-settled status expires in 2024. Because he won't be able to apply for the settled status as he hasn't actually lived in the UK for 5 years (it'll likely be 3 and a half), would it be possible to get a new pre-settled status in 2024 when current expires or a replacement to the current one this year so that it'll last 5 years? Otherwise if both are a no, would he be kicked out of the country?

kiradotee
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  • This will probably be considered a renewal, since the conditions of the settled status are not yet fullfilled. – Mark Johnson Aug 26 '20 at 12:11
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    @MarkJohnson What will be considered a renewal? An application this year or in 2024? Where is this notion of renewal defined and what does it entail? – Relaxed Aug 26 '20 at 12:30
  • @Relaxed At the moment nobody knows since the final regulations are not known. Application should be made 3-6 months before it expires. Stating truthfully that there were interruptions in 2019/20 may disqualify him for the settled status so that presettled may be renewed until the 5 years are fullfilled. – Mark Johnson Aug 26 '20 at 12:49
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    @MarkJohnson An application for what? If we don't know, we shouldn't write things like "this will probably be considered a renewal“ as if that was an established procedure. Also, I don't think this ought to depends on any “final regulations“, we are talking about the dispositions of the withdrawal agreement and their implementation in the UK. As far as I can tell, there is no provision for renewals so we shouldn't assume that it will be possible. – Relaxed Aug 26 '20 at 12:54
  • Importantly, “[…] may disqualify him for the settled status so that presettled may be renewed until the 5 years are fullfilled” is a non-sequitur. The fact that the OP's father would not qualify for settled status is not in dispute, we don't even need to discuss that. But it doesn't automatically follow that a renewal of pre-settled status would be possible or what this would entail. – Relaxed Aug 26 '20 at 12:54
  • @Relaxed To renew 'his current pre-settled status expires in 2024'. – Mark Johnson Aug 26 '20 at 13:12
  • @MarkJohnson Yes? So what? – Relaxed Aug 26 '20 at 13:37
  • @Relaxed It is the answer to your question: 'An application for what?' – Mark Johnson Aug 26 '20 at 13:39
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    @MarkJohnson OK, sorry, understood. So we are back to my original question: where is this application for renewal defined? Where is the legal basis for it? What are the requirements? – Relaxed Aug 26 '20 at 14:07
  • @MarkJohnson what do you mean by "the final regulations are not known"? The EU settlement scheme has been in place for months. See https://www.gov.uk/settled-status-eu-citizens-families and https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-eu. – phoog Aug 26 '20 at 20:02
  • Thank you @phoog, I think it does. Obviously will test it out later this year. – kiradotee Aug 27 '20 at 10:33

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