Post-Brexit 'right to stay' in UK rule could catch out EU citizens
EU citizens who have been granted temporary permission to stay in the UK after Brexit could inadvertently lose the right to make that permanent if they have been out of the country for more than six months and do not return by the end of the year, campaigners have warned.
Grassroots activists at the3million group have begun a campaign, called “check your absence” to alert those with “pre-settled status” as they believe many may not be aware of the rule.
The group is telling EU citizens caught by the rule that if they return to the UK before the end of the transition period, falling on 31 December, they will still qualify for the permanent option as they will have “started the clock” again on their status.
One Belgian graduate, Hanne, who left the country more than six months ago to complete her studies, said she was nearly caught out. She was intending to return to the UK in January for what she described as “a fantastic job” with the hope of remaining long term and converting her pre-settled status to settled status under the special Home Office Brexit arrangements for EU citizens.
“I realised I was about to lose any claim for settled status unless I managed to get to the UK before the 31 December. Within three days I managed to rent a flat in London and get on a Eurostar [train]. I’m currently quarantining and hopefully will get back to my family in Belgium for Christmas,” she said.
Pre-settled status is granted to those in the UK for fewer than five years. Settled status, which allows EU citizens to remain permanently, is only granted to those in the country for five years or more.
Under Home Office rules citizens who have pre-settled status can convert to settled status but they must demonstrate they have not been absent for a period of more than six months in any 12-month period up to 31 December.
The Home Office will consider exceptions, including serious illness and study. It published guidance this week confirming it considered Covid-19 as a serious illness and would allow absences of up to 12 months.
“Your continuous qualifying period will not necessarily be affected if you were impacted by coronavirus public health restrictions. For example, if you had coronavirus overseas and could not return to the UK, or imposed travel restrictions meant you were absent from the UK for longer than planned (providing the period does not exceed 12 months),” it says on the government website.
While the guidance has been welcomed, Luke Piper, policy director of the3million, warned that the wording did not make explicitly clear as to who would qualify because of the coronavirus.
“There is a risk that people will fall through the cracks by this ambiguity. We look forward to working with the government to understand more who the policy should protect and how it can be clearer,” he said.
Hanne, who said many of her friends were in a similar situation, thought it was important to warn others not to make a mistake “that could cost them their future”. She added: “I came very close to losing all my rights to live in the UK because I would not have qualified for settled status and would have lost my presettled status irrevocably in four years’ time.”
Coline Schupfer, a lawyer from Germany who also had pre-settled status, was hoping to take an overseas posting next year but realised this was out of the question for now. “I’m really annoyed. I think I’m a person who is fairly clued into things, but I had no idea,” she said.
Maike Bohn, spokesperson for the3million, said: “It’s important to say that people with pre-settled status who have been away for more than six months do not lose their pre-settled rights if they return next year, but they do lose their right to settled status in these circumstances.”
A Home Office spokesperson said: “We appreciate that Covid-19 has had an impact on many people’s ability to travel and we have been clear that those with pre-settled status will not be affected if illness or quarantine restrictions have caused them to be absent from the UK for up to 12 months.
“However, people with pre-settled status do need to be aware that excess absences will affect their status in the UK and should check the rules before they spend a prolonged period outside the UK.”