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EEA PR after leaving the UK

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

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DR_moving
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EEA PR after leaving the UK

Post by DR_moving » Thu Jul 28, 2016 10:52 pm

Dear all,

I have been living in the UK for 13 years, and fully working for 8 years, P60 forms for every one of the 8 years.
However, I am about to move to Germany in a month time. Since I want to keep my options open, can I apply for the EEA PR after I move to Germany?

Thanks for your help.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA PR after leaving the UK

Post by noajthan » Thu Jul 28, 2016 11:03 pm

DR_moving wrote:Dear all,

I have been living in the UK for 13 years, and fully working for 8 years, P60 forms for every one of the 8 years.
However, I am about to move to Germany in a month time. Since I want to keep my options open, can I apply for the EEA PR after I move to Germany?

Thanks for your help.
What does move to Germany really mean?

And where do you think you may have acquired 'EEA PR'?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

DR_moving
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Posts: 4
Joined: Thu Jul 28, 2016 10:45 pm

Re: EEA PR after leaving the UK

Post by DR_moving » Thu Jul 28, 2016 11:13 pm

Well, I am an EU national and I have been living and working in the UK for 13 years.
Permanent residency is usually given to people living and working at least 5 years.
The question is, do I lose my rights totally when moving back to the EU?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA PR after leaving the UK

Post by noajthan » Thu Jul 28, 2016 11:41 pm

DR_moving wrote:Well, I am an EU national and I have been living and working in the UK for 13 years.
Permanent residency is usually given to people living and working at least 5 years.
The question is, do I lose my rights totally when moving back to the EU?
PR is not given.
It is acquired automatically if, as you think, you have exercised treaty rights continuously for 5 years;
that is, assuming you have not enjoyed any prolonged absences that would have broken continuity of residence.

If you have acquired the holy grail of PR in UK it will be lost after an absence of 2 years from UK.

With all this wild talk of Brexit suggest you apply for DCPR to confirm your status (not grant) in UK if it is of value to you.

Are you an A8 national?
All that is gold does not glitter; Not all those who wander are lost. E&OE.

secret.simon
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Re: EEA PR after leaving the UK

Post by secret.simon » Thu Jul 28, 2016 11:47 pm

DR_moving wrote: I have been living in the UK for 13 years, and fully working for 8 years, P60 forms for every one of the 8 years.
You may already acquired PR automatically after having worked in the UK for five continuous years.
DR_moving wrote:The question is, do I lose my rights totally when moving back to the EU?
PR is lost if you are absent from the UK for two years.

Given that PR persists even if you have been outside the UK for less than two years and the document is merely confirmatory, I see no reason why it can not be applied from outside the UK.

EDIT: Overtaken by Noajthan.
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.

DR_moving
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Re: EEA PR after leaving the UK

Post by DR_moving » Fri Jul 29, 2016 12:07 am

Thank you all for your support.
I am from Spain, so I suppose that rules are different from those from A8 countries.
Since permanent residency is lost after 2 years outside the UK, besides citizenship, is there any other way of getting a permanent residency that will not expire in 2 years?

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: EEA PR after leaving the UK

Post by noajthan » Fri Jul 29, 2016 12:17 am

DR_moving wrote:Thank you all for your support.
I am from Spain, so I suppose that rules are different from those from A8 countries.
Since permanent residency is lost after 2 years outside the UK, besides citizenship, is there any other way of getting a permanent residency that will not expire in 2 years?
So at least you have no WRS nonsense to worry about then.

And no, as a Union citizen the way to get settled status is to serve your time as per EU law.
(In UK, even ILR times out after a 2 year absence).

:idea: Suggest get your UK DCPR in the bag before jumping ship from UK.
Use it or lose it.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

DR_moving
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Joined: Thu Jul 28, 2016 10:45 pm

Re: EEA PR after leaving the UK

Post by DR_moving » Fri Jul 29, 2016 1:30 am

Thanks for your help.
Will apply for the EEA PR.

Kind regards, DR

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