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Will I qualify for Permanent residence?

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

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

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tecate19x
Newly Registered
Posts: 2
Joined: Mon Jul 30, 2018 9:54 am
Hungary

Will I qualify for Permanent residence?

Post by tecate19x » Mon Jul 30, 2018 10:29 am

Hello all,
I hope you can help!

I am wondering of my chances to apply for permeant residence with a view of citizenship. From 2006-2009 I was registered under the Workers Registration program and worked full time, I than had a 6 month break and worked another full year and than left the UK. Ending my residence as I was away for more than a year.

I returned in 2013 August and restarted my residence and was away for 173 days mostly for international work travel. I left the UK 9 August 2017 and am still abroad doing volunteer work, I was briefly in the UK for 5 days in June. My questions as my break was more than 6 months will this disqualify me? I know there is discretion to explain the almost year absence.
If I return before August 9th am able to continue my residence to apply and hopefully in 2 years get my citizenship? Will I need to return before the year is up in 9 August? OR does my return in April for a few days cancel that?
I appreciate your help I know this seems complex :)

secret.simon
Moderator
Posts: 11484
Joined: Thu Feb 21, 2013 9:29 pm

Re: Will I qualify for Permanent residence?

Post by secret.simon » Mon Jul 30, 2018 11:56 am

tecate19x wrote:
Mon Jul 30, 2018 10:29 am
I know there is discretion to explain the almost year absence.
I doubt that there is discretion in the EEA Regulations. Either you meet the requirements or you don't.
Regulation 3 - Continuity of Residence wrote:(2) Continuity of residence is not affected by—(c) one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
Would your one year absence come under the category of an important reason, such as a vocational training or an overseas posting?

If you plan is for eventual British citizenship, be aware that the absence requirements for naturalisation are much more precise and stricter than those of the comparatively flaccid EEA Regulations.
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.

tecate19x
Newly Registered
Posts: 2
Joined: Mon Jul 30, 2018 9:54 am
Hungary

Re: Will I qualify for Permanent residence?

Post by tecate19x » Mon Jul 30, 2018 11:59 am

Hello Simon, thanks for your reply. Well to me it was important, to do some volunteer work. But not a posting from the UK..

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