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Loss of Permanent Residence

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

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etdshap
Newly Registered
Posts: 17
Joined: Mon Jul 25, 2016 4:00 pm

Loss of Permanent Residence

Post by etdshap » Tue Sep 27, 2016 2:19 pm

Hi Guys,

I was wondering, is it possible to loose someone's Permanent Residence status? The scenario here is, the PR was issued to the non-EEA unmarried partner on the basis that s/he has been living with an eea national for an applicable period of time. However, after the issuance of PR, they break up and go to their own separate ways. What's the implication of this? Would the non-EEA national need to inform Home Office of this? Additionally, what's the implication of this when the non EEA national applies for UK Naturalisation?

Thanks for you help in advance.

LilyLalilu
Senior Member
Posts: 698
Joined: Mon May 05, 2014 9:44 am

Re: Loss of Permanent Residence

Post by LilyLalilu » Tue Sep 27, 2016 2:28 pm

After you have obtained your PR it doesn't matter whether you break up or not as each spouse's immigration status is now independent from each other. It also doesn't matter if the EEA spouse becomes a BC after the partner has obtained PR - it only is an issue if they do so before the non-EEA spouse obtains PR.
PR is lost by an absence from the UK of more than 2 consecutive years.
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

etdshap
Newly Registered
Posts: 17
Joined: Mon Jul 25, 2016 4:00 pm

Re: Loss of Permanent Residence

Post by etdshap » Tue Sep 27, 2016 2:34 pm

LilyLalilu wrote:After you have obtained your PR it doesn't matter whether you break up or not as each spouse's immigration status is now independent from each other. It also doesn't matter if the EEA spouse becomes a BC after the partner has obtained PR - it only is an issue if they do so before the non-EEA spouse obtains PR.
PR is lost by an absence from the UK of more than 2 consecutive years.
Thanks LillyLalilu. I thought that was case but I just wanted someone's input for my own sanity!

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

Re: Loss of Permanent Residence

Post by noajthan » Tue Sep 27, 2016 2:43 pm

See Directive as transposed into UK law, (Regulation 15):
http://www.legislation.gov.uk/uksi/2006 ... on/15/made
All that is gold does not glitter; Not all those who wander are lost. E&OE.

LilyLalilu
Senior Member
Posts: 698
Joined: Mon May 05, 2014 9:44 am

Re: Loss of Permanent Residence

Post by LilyLalilu » Tue Sep 27, 2016 2:54 pm

Thanks LillyLalilu. I thought that was case but I just wanted someone's input for my own sanity!
No problem, always better to be safe than sorry :)
All information given is just my opinion as a member of this forum and does not constitute immigration advice.

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