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Permanent Residence - question about absence

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

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damiandd
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Joined: Thu Feb 02, 2017 6:47 pm

Permanent Residence - question about absence

Post by damiandd » Thu Feb 02, 2017 8:54 pm

Hi,

My partner as an EU national and has been here for over 10 years. She arrived in 2007 and started working the same year. During that time she studied and worked here continuously without breaking 6 months in each calendar year.

However at the beginning of last year she left the country to pursue work opportunity abroad (full time job in EU). She did so, as the job allowed her to gain qualifications and further improve her CV, and thus employability in UK. She came back in September after 8 months, with one short break of 5 days in between when she travelled to UK.

Does she still qualify for Permanent Residence?

secret.simon
Moderator
Posts: 11039
Joined: Thu Feb 21, 2013 9:29 pm

Re: Permanent Residence - question about absence

Post by secret.simon » Thu Feb 02, 2017 11:13 pm

Also see this post.
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.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Permanent Residence - question about absence

Post by noajthan » Thu Feb 02, 2017 11:55 pm

She could have acquired PR back in 2012.

A8 national? WRS?
Student - CSI?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

damiandd
Newly Registered
Posts: 2
Joined: Thu Feb 02, 2017 6:47 pm

Re: Permanent Residence - question about absence

Post by damiandd » Fri Feb 03, 2017 12:17 pm

Hi Noajthan,

Thanks for your prompt response :)

My partner is from Poland and successfully registered for WRS in December 2006. She has been working ever since paying national insurance and taxes every month. In the meantime she also did a university degree on part-time basis. Her history is as follows:

2007-2010 (she worked mostly full time with at least +30 hours / week + studied part time)
2011-2015 (worked in full time employment in her area of study)
JAN 2016 - SEP 2016 - (worked abroad to gain further experience)
OCT 2016 - NOW - (back in UK, full time employment)

As you can see there is 8 month gap in her history, where she left abroad for work opportunity that would enhance her CV. Based on this, does she qualify to apply for Permanent Residence in UK?

Best,
Damian

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 11:31 am
Location: UK

Re: Permanent Residence - question about absence

Post by noajthan » Sat Feb 04, 2017 10:23 am

damiandd wrote:Hi Noajthan,

Thanks for your prompt response :)

My partner is from Poland and successfully registered for WRS in December 2006. She has been working ever since paying national insurance and taxes every month. In the meantime she also did a university degree on part-time basis. Her history is as follows:

...

As you can see there is 8 month gap in her history, where she left abroad for work opportunity that would enhance her CV. Based on this, does she qualify to apply for Permanent Residence in UK?

Best,
Damian
PR may have been acquired as early as 2011-12 so subsequent absence (under 2 years) would be immaterial.

Even if the absence fell into a qualifying period, a one-off absence of up to one year can be accepted for an exceptional reason, such as work placement.
Justification and evidence required.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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