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How long can we be away from UK on EU Permanent Residence card.

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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orangecat
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Posts: 6
Joined: Sun Aug 26, 2018 3:11 pm
United States of America

How long can we be away from UK on EU Permanent Residence card.

Post by orangecat » Mon May 13, 2019 9:50 pm

Hello,

Situation is as follows.
Me:
Non-EEA citizen
Have EU right to reside permanent residence card valid for another 9 years
Working here, but can work abroad

Spouse:
EU citizen with permanent residence here
Going on sabbatical and will do research abroad for a year beginning this Autumn

We would both like to be together most of this time abroad. We both will keep our jobs here, continue to pay taxes here and will return for short visits during this period. However we would like to let out our flat during this time, thus no residence during this period. We will return the following Autumn.

Would this situation impact our permanent residence status? I am aware that ILR allows up to 2 years continuous away, but we are not on ILR.

Cheers.

secret.simon
Moderator
Posts: 11124
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long can we be away from UK on EU Permanent Residence card.

Post by secret.simon » Tue May 14, 2019 8:59 am

PR under the EEA Regulations is also not affected by an absence from the UK for less than two years.
EEA Regulation 15 wrote:(3) The right of permanent residence under this regulation is lost through absence from the United Kingdom for a period exceeding two years.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

orangecat
Newly Registered
Posts: 6
Joined: Sun Aug 26, 2018 3:11 pm
United States of America

Re: How long can we be away from UK on EU Permanent Residence card.

Post by orangecat » Tue May 14, 2019 6:53 pm

Thank you very much for the information.

I assume this could be chucked out the window if there is no Brexit transition period implemented.

jmedina
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Joined: Sat Apr 13, 2019 5:34 am
Mood:
Argentina

Re: How long can we be away from UK on EU Permanent Residence card.

Post by jmedina » Tue May 14, 2019 9:07 pm

I think you better get the EU Settled Status:

"If you want to spend time outside the UK:
If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status."

5 years is better than 2.

secret.simon
Moderator
Posts: 11124
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long can we be away from UK on EU Permanent Residence card.

Post by secret.simon » Wed May 15, 2019 9:43 am

jmedina wrote:
Tue May 14, 2019 9:07 pm
"If you want to spend time outside the UK:
If you have settled status, you can spend up to 5 years in a row outside the UK without losing your status."
That is only if the UK exits the EU based on the Withdrawal Agreement.

If there is either a No-Deal or a no-Brexit scenario, I believe that the maximum absence is two years.

Also see this thread on the same question.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

orangecat
Newly Registered
Posts: 6
Joined: Sun Aug 26, 2018 3:11 pm
United States of America

Re: How long can we be away from UK on EU Permanent Residence card.

Post by orangecat » Thu May 16, 2019 3:42 pm

Thanks again to all of you for your information.

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