Gaining PR and losing it again?

[fadedGlory]

Hello,

I have some questions re. acquiring and losing PR status as a EU national.

I am a Dutch national and came to the UK in 1991 through my job, with my wife and small children. I then lived and was employed here continuously until early 2005, and thereby I believe I exercised my EU Treaty rights. I never acquired official Residency documentation because the word was 'that I did not need it'.

Then in 2005 I went on overseas assignments, still working for a British company, and still on their UK payroll. I kept my home in the UK and actually went as 'grass widower', i.e. my (also Dutch) wife and children stayed in the UK whilst I worked overseas. I did various overseas assignments (in Australia and Egypt) for 9 years until January 2014 when I finally came back to the UK. During these years I regularly came back to our home in the UK (as much as I could!) and have never been continuously absent for more than a month or two, maximum. My trips back to the UK lasted for days or weeks at a time. In terms of tax regulations I qualified as non-resident and non-ordinary resident in the UK during these years because of the limited number of days spent in the UK during each tax year.

In January 2014 I finally returned to the UK, still working for the same company but now in their UK Head Office. They offered me VR in April 2014 which I accepted and I have been retired since then, living off my personal pension. Then, in the summer of 2014 my wife fell ill, and sadly she passed away in October that year, making me a widower.

With the EU Referendum coming up I am now looking into my situation, just in case....

The first question is, did I actually get PR back in the period 1991-2004 even though I never applied for documentation, and the second question is, did I lose PR in the period 2005 - 2014 even though I never was absent from the UK for more than a few months at a time?

If I don't qualify anymore for PR, I understand that I should get myself CSI to fully qualify as a legal EU Immigrant. Fortunately I am self-sufficient on my personal pension (I am not yet old enough to draw state pension). CSI at the age of 62 is not cheap so I don't want to take it out if I don't have to! If the UK were to leave the EU and I don't actually have PR anymore I hope that I can still build up enough qualifying years again to get a Residency Permit in time. All of my life is in the UK, my three adult daughters live here and I could not bear the idea of having to move to Holland, where I have nothing and nobody left after all these years. This is quite a stressful time. Thank you for your help.

[Richard W]

According to the Home Office's interpretation of the Lassal case, you acquired permanent residence on 30 April 2006 because you were working in the UK from 1991 to 2004.

As you have not been absent from the UK for two or more years consecutively, you still have permanent residence via the EEA rules. Unlike the rules for indefinite leave to remain, mere visits back to the UK can preserve PR status.

[fadedGlory]

Thank you, that sounds encouraging. I am thinking that it may be wise to apply for an actual PR Permit, what would be the best strategy to do so? If I provide evidence of my continuous employment by UK companies on the UK payroll from 1991 until 2014, and provide my home addresses in the UK during that time, do I even have to mention explicitly that I was on overseas assignments between 2005 and 2014?

[manci]

Normally one is only eligible to apply for naturalisation (British citizenship) one year after having obtained PR but in your case you could apply simultaneously because the naturalisation application would consider the earliest “deemed to have PR” date. This is of course assuming that you also satisfy the other requirements for naturalisation.

[fadedGlory]

Is there a requirement to have been physically in the UK on the exact day 5 years before the application is submitted?

[Casa]

yes.