PR application with 18 months international job posting

[todel]

Hi all,
I am interested in applying for Permanent Residence and my situation is pretty straightforward (moved here 6 years ago, full-time job since then, etc.).
My main issue is that I had a single very long absence from the UK (18 months) due to an international assignment I had to take with my job. The assignment was initially for 8 months and then got extended due to my role in the project I couldn't really turn it down.
During this time I have kept my rented flat in the UK (a clear sign that my intention was to come back) and my wife has mostly flown back and forth to visit me).
On the other hand I have not paid taxes in the UK during this time (I have been out for a full fiscal year)

I was wondering if anybody has heard of cases where an exception to the maximum absence length of 12 months was given.
Any idea of circumstances that can be used to support my case?

I have contacted an immigration lawyer, who said we should be able to argue my case, but I am not sure this is only to attract the fee.

Thanks in advance
Tommaso

[NikiGio]

The lawyer is right - you are allowed one absence longer than 6 months due to exceptional circumstances, like going abroad for university or work.
Provided your evidence is good, I think you can try to apply without a lawyer - if you get refused, then suggest you employ a lawyer before applying again.
If you search 'PR absence exceptional circumstances', you should be able to find another post in the forum where this was discussed.

[secret.simon]

you are allowed one absence longer than 6 months due to exceptional circumstances, like going abroad for university or work.

Upto a maximum of twelve months/one year.

Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of twelve consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

As I interpret it, there is no limit on absences for compulsory military service, but there is an upper limit of one year on absences for important reasons, such as ones listed there.

Therefore, I would consider your residence broken when your absence exceeded one year and started from scratch when you returned.

I was wondering if anybody has heard of cases where an exception to the maximum absence length of 12 months was given.

That is not how I understand EU law to work. As I understand it, if you meet the requirements laid out in EU law, you automatically acquire PR. The PR card/DCPR is merely certification of status granted to you by the law. Therefore there is no question of discretion. You either meet the requirements of the law or you don't. There may be some dispute as to whether you have met the requirements of the law, which can go to court. But if you clearly haven't, there is no scope for discretion. It is not the HO caseworker deciding whether you have PR, it is the law.

[todel]

Thanks for the reply.
Interesting to see that an immigration lawyer was arguing that I might have a case.
Maybe this was more driven by the fee and the prospect profit?