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Lived in the UK for 3 and planning to leave then return

Use this section for queries concerning applications on any of the EEA series of forms, and also for applications for EEA Family Permits.

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Joined: Thu Nov 08, 2018 8:19 pm

Lived in the UK for 3 and planning to leave then return

Post by adamjordan » Thu Nov 08, 2018 8:40 pm

Hello everyone,

I have a very challenging situation I am in and I really need your help guys.

I am an EU citizen and entered the UK on July 14th, 2015. I have been continuously living in the UK since and only left for about 20 days per year (holiday). My partner (UK citizen) got a 3-year work contract in China and we will move there on March 1, 2019.

We plan to come back 3 years later and I will still travel between China and London every 2 months (for a few days), however, I am concerned that I might lose my current status in the meantime. Moreover, I am not married to my partner so I can not count on that at all.

What would be the best way to go to China while maintaining either continuous residence or permanent residence here in the UK?

Thanks a lot and have a great evening.

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Joined: Thu Feb 21, 2013 9:29 pm

Re: Lived in the UK for 3 and planning to leave then return

Post by secret.simon » Thu Nov 08, 2018 11:38 pm

As you have not completed five years of exercising treaty rights in the UK, you do not have permanent residence in the UK.

Continuity of residence requires you to reside in the UK for at least six months in the year (on a rolling basis). A few days visit every few months will not retain your residence status.

The rules and requirements for EEA citizens in 2021 may be different from the ones currently in place.

I would advise you to remain in the UK for two further years, acquire PR/settled status, after which you are allowed absence from the UK for two years before losing PR status.
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.

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