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EU FM Permanent Residence but absent from UK for 4 years

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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CR001
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EU FM Permanent Residence but absent from UK for 4 years

Post by CR001 » Thu May 23, 2019 9:39 pm

Asking for a friend of a friend, so any advice appreciated.

She was granted PR as a vignette in her now expired passport in November 2014 as the South African spouse of an EU citizen.

In 2015 she left the UK and has also since divorced her EU husband who has also left the UK.

The South African PR holder visited the UK entering with PR in 2016 and stayed for a couple of weeks to see her non-EU adult son (who is now British).

She wants to return to live in the UK but scared she will be refused entry.

1. Can she enter using the EU gates with her DCPR even if no longer married to the EU citizen or does she have to go through Immigration Control as a South African passport holder?

2. Is there a risk she can be refused entry for being away for more than 2 years?

3. Is there anything she can do to get back to the UK to settle without any hassles?
Char (CR001 not Casa)
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Obie
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Re: EU FM Permanent Residence but absent from UK for 4 years

Post by Obie » Fri May 24, 2019 12:11 am

If immigration finds out she has been out of the UK for more than 2 years, it may create an issue for her, otherwise she should be fine. The issue of the husband and the marital breakdown should not affect the legal position in relation to the PR .
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CR001
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Re: EU FM Permanent Residence but absent from UK for 4 years

Post by CR001 » Fri May 24, 2019 7:56 am

Thanks obie, I will let her know.
Char (CR001 not Casa)
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