permanent residence certificate/card

[ubiquitous]

Hi,

I'm wondering if a permanent residence card is roughly the equivalent of Indefinte Leave to Remain? I am asking on behalf of my wife, not for me.

I am an Australian who had ILTR for a number of years (Now I have British citizenship so I am fine), and I was aware that although it was supposed to be the equivalent of PERMANENT residency, it wasn't really permanent because if you left the UK for 2 years, you were not guaranteed residency when you returned as it could be taken away because of your absence. There didn't seem to be any rule that it would definitely happen, only that it could happen.

My wife is French and has lived in the UK for 16 years as a French national. We are considering moving to Australia at the end of this year, but we want to know that we could come back to the UK if we were not happy with life in Australia. As things are right now and with Brexit maybe approaching soon, because my wife is French, it might not be possible for her to return to the UK if she left for a long period of time because in the future, free migration may not be assured for EU citizens. If she applies for a permanent residence certificate now, would it guarantee her residency in the UK if we return in a couple of years? Does it expire if you no longer live in the UK? I can't find any information about this aspect of the permanent residency. All of the information seems to assume that the applicant would continue to live in the UK.

Any information you can give is appreciated.

Thank you,
David

[Casa]

As with ILR, PR is lost after 2 years absence.

How has your wife been exercising her Treaty rights during her 16 years in the UK? If she has acquired PR, why doesn't she apply the the confirmation of PR and then apply immediately for British citizenship?

[ubiquitous]

As with ILR, PR is lost after 2 years absence.

So once again, 'permanent' residency is not particularly permanent. Thanks for confirming.

Do you know by what process they decide this? As I said, I always heard that you 'could' lose it with a 2 year absence, not that you definitely would. If you enter the UK on ILR/PR, what checks do they do? I never really received much trouble with any questioning when I entered the UK on my ILR, and I wonder if they even really know how long you've been gone?

[noajthan]

As with ILR, PR is lost after 2 years absence.

So once again, 'permanent' residency is not particularly permanent. Thanks for confirming.

Do you know by what process they decide this? As I said, I always heard that you 'could' lose it with a 2 year absence, not that you definitely would. If you enter the UK on ILR/PR, what checks do they do? I never really received much trouble with any questioning when I entered the UK on my ILR, and I wonder if they even really know how long you've been gone?

I know respectable, law-abiding people who have been stopped and questioned on every trip they made whilst on ILR.
ECOs do keep a watchful weather eye open.

'They' decide this based on the Directive, Article 16:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

as transposed into UK EEA Regs, Regulation 15:
http://www.eearegulations.co.uk/Latest/ByPage/part2_15

[ubiquitous]

I know respectable, law-abiding people who have been stopped and questioned on every trip they made whilst on ILR.
ECOs do keep a watchful weather eye open.

'They' decide this based on the Directive, Article 16:
http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

as transposed into UK EEA Regs, Regulation 15:
http://www.eearegulations.co.uk/Latest/ByPage/part2_15

Thanks Noajthan, I guess I'm just a lucky then. I did get the occasional random question about my employer (not relevant and surely not even in their records since I was on ILR and not a work permit?) or where I'd been, but nothing particularly taxing. I guess it was probably just to gauge my reaction to see if I seemed shifty.

So I see where the directive comes from, but how is it actually applied? Is the 2 year rule applied with extreme prejudice or if they decide to actually check up on your history? I know you don't necessarily know the answer to that but I suppose it's the question that matters. I'm not trying to 'circumvent' their system, I just want to understand it how it works in reality, rather than how it supposedly works on the basis of directives.

Although it looks like a considerable amount of information to assemble, it does seem like good value for money at £65, given it would make a return to the UK markedly easier than any alternative (applying for a partner visa as her British sponsor) we might have available.

David

[ubiquitous]

As with ILR, PR is lost after 2 years absence.

How has your wife been exercising her Treaty rights during her 16 years in the UK? If she has acquired PR, why doesn't she apply the the confirmation of PR and then apply immediately for British citizenship?

Sorry Casa, I missed your second reply. Yes, she has. She's currently on maternity leave but that's the only time in the 16 years where she hasn't been working for any significant length of time. And the issue with applying for British Citizenship is ... well, firstly, the cost. If she could spend £65 vs spending £1500+ (or whatever the ridiculous cost is now), it would be better to spend £65. Secondly, we're thinking of moving to Australia at the end of the year. It wouldn't really work for us - at the very least, she'd have to fly back to the UK for the citizenship ceremony with short notice, as well as potentially other problems with not being in the UK at the time of her approval. Having citizenship would make things easier, but until recently we never thought she'd need to consider going down that route. Oh and I read that you had to hold the PR certificate for a year before applying for citizenship anyway?

[noajthan]

Be careful what you read.

Spouse of BC does not have to be free of immigration time restrictions for 12 months.
Section 6(2) of BNA.

[noajthan]

So I see where the directive comes from, but how is it actually applied? Is the 2 year rule applied with extreme prejudice or if they decide to actually check up on your history? I know you don't necessarily know the answer to that but I suppose it's the question that matters. I'm not trying to 'circumvent' their system, I just want to understand it how it works in reality, rather than how it supposedly works on the basis of directives.

...

Sooner or later a PR holder who goes awol and loses their PR status will have their confirmatory PR card revoked.