Understanding The Pre-Settled Status Of Ben's Case

Assignment Task

Ben, an Italian national living in the UK, had obtained pre-settles status before he had to leave for Italy to care for his sick mother. He was away for seven months and upon his return to the UK, learned that his pre-settled status had been revoked for exceeding the allowed absence his pre-settled status required. Ben has been ordered to leave the country, which he finds to be discriminatory as his friend, a French national was out of the country for eight months of training, and his status was not revoked.

For starters, the concept of a pre-settled status in the UK is a type of immigration status granted to European Union citizens and their family members living in the UK at the end of the transition period. This status lasts for a period of five years and gives EU citizens the avenue to work and live in the UK. They may then be eligible to apply for settled status which would then give them the right to live in the UK permanently. CITE

Freedom of movement has been the cornerstone of the European Union CITE. It allows EU citizens to live and work in any EU Member State without the requirement for a visa or work permit. This is a fundament freedom of the EU and is enshrined in EU law CITE.

As a member of the European Union the UK was bound by the supremacy of EU law. This means that where there was a conflict between UK national law and EU law, EU law would prevail. Cite. The European Union (Withdrawal) Act 2018 (EUWA). Is a piece of legislation brought about by the UK government with the aim of cutting the EU law off as a source of UK law. Cite. after the UK withdrew from the European Union, EU law would not hold primacy in UK courts, and the ruling of the Court of Justice of the EU would not be binding in a UK court but can be used as an opinion cite.

as EU law no longer applies in the UK, the UK is no longer bound by the fundamental right of movement. This means that EU citizens who want to live or continue to live and work in the UK would have to seek permission and fulfill the requirements cite. Ben, having moved to the UK before the beginning of the transition period was granted pre-settled status. To qualify for the pre-settled status he would have had to apply through the EU settlement scheme cite. this scheme allows EU citizens who were already living in the UK or moved there during the transition period to continue to do so before being eligible to apply for settled status after five years cite.

To be able to qualify for settled status, an individual must prove that they lived continuously for five years in the UK. They would also have to prove that they were not out of the country for more than six months in a single year. According to the settlement scheme cite, Having been outside of the UK for more than six months may cause an individual's status to be revoked. The UK considers this absence a break in their continuous residence which is a condition of pre-settled status.

The exceptions to this requirement are in cite and include compelling or compassionate circumstances that Ben may be able to rely on cite.

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