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PR lost after 12 months absence

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

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ukpm
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Joined: Sat Jun 28, 2014 10:10 pm

PR lost after 12 months absence

Post by ukpm » Sat Jun 28, 2014 10:20 pm

Dear Friends

This topic might have been covered early, but I have been unsuccessful in my search.

I obtained EEA PR of the United Kingdom towards the end of 2011. I moved out of the UK to another EEA country and have residence there for last two years or so. As per the directive, I guess I have lost the PR.

My question is, if one want to obtain the PR of UK back, does one have to live in the UK again for 5 years whilst exercising the treaty of rights or one can obtain continuation of the PR just by applying. I ask this as I wish to return to UK in the future for further training.

If this question has been answered please don't be upset on me, just point me to the right direction and I will me grateful.

Kind regards.

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Re: PR lost after 12 months absence

Post by bluecole2 » Sat Jun 28, 2014 11:02 pm

It is my believe that you will have to start the clock again re-applying for rc, once pr is lost. If one can simply re-apply for pr then it's never lost and it defeat the purpose of the 2 years rule.

I don't know what your circumstances are but I am baffled as to how or why you have allowed the pr so many craved, impatiently and tirelessly wait for to expire. It just take 1 trip to uk to renew/reactivate it but as I have stated earlier I don't know what your circumstances were. You will have to apply for rc when you returned to the uk.

Universal soldier
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Posts: 524
Joined: Tue Jul 23, 2013 9:04 pm

Re: PR lost after 12 months absence

Post by Universal soldier » Sat Jun 28, 2014 11:47 pm

If your absence is 12 months then your PR is still intact because 24 months absence lead towards its cancellation.

ukpm
Newly Registered
Posts: 3
Joined: Sat Jun 28, 2014 10:10 pm

Re: PR lost after 12 months absence

Post by ukpm » Sun Jun 29, 2014 7:42 pm

Thanks for the replay and concern.

I received the PR at the December 2011. I returned to UK for few days in June 2013. I have an active bank account in the UK.

Does that mean I got to keep the PR till 2015 before it is taken away from me, unless, I return to the UK for good or for a period of time?

I moved away from UK as a brilliant career opportunity presented and I could not pass it up.

I will be grateful for any input.

bluecole2
- thin ice -
Posts: 164
Joined: Tue Jan 18, 2011 12:55 am

Re: PR lost after 12 months absence

Post by bluecole2 » Sun Jun 29, 2014 11:00 pm

According to the info(s) which can be found in the link below;

Reg 15-
2: Once acquired, the right of permanent residence under this regulation shall be lost only through absence from the United Kingdom for a period exceeding two consecutive years.
3: But this regulation is subject to regulation 19(3)(b)
http://www.legislation.gov.uk/uksi/2006 ... on/15/made

I can not tell what absence can be interpreted as by ho. Hence, my advice- always keep yourself informed of relevant changes to the immigration law in uk while away.

Reg 19-
3b: he would otherwise be entitled to reside in the United Kingdom under these Regulations but the Secretary of State has decided that his removal is justified on the grounds of public policy, public security or public health in accordance with regulation 21.

Hope this information is useful and helps if you don't already have it.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: PR lost after 12 months absence

Post by Jambo » Mon Jun 30, 2014 10:31 am

ukpm wrote:Thanks for the replay and concern.

I received the PR at the December 2011. I returned to UK for few days in June 2013.
So you haven't lost your PR status. Have you got it confirmed following a EEA3/4 application? Would make it easier for you to prove your status. Otherwise, as long as you are not away from the UK for 2 consecutive years, you won't lose it.
Check the FAQ before posting!
Citizenship (adults, children, passport)
EEA (EEA FP, RC, PR, Surinder Singh)

ukpm
Newly Registered
Posts: 3
Joined: Sat Jun 28, 2014 10:10 pm

Re: PR lost after 12 months absence

Post by ukpm » Mon Jun 30, 2014 5:19 pm

Thank you members for you time and kind answers.

I have it stamped on my passport. I will be back in the UK next year again and may be for a while this time around.

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