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Leaving the UK temporarily during Brexit negotiations

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

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rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 9:02 pm
Location: Birmingham, UK
European Union

Leaving the UK temporarily during Brexit negotiations

Post by rooibos » Wed Jun 07, 2017 3:40 pm

Granted that we are in the middle of long, difficult and unpredictable Brexit negotiations, as things stand, what are the known provisions for EEA citizens who have left or will leave the country after the 27th of March?

Assuming for the moment that a EEA citizen:

- has exercised treaty right for more than 5 years by the 29th of March
- hasn't applied for PR yet, and:
- leaves the country (e.g. for a job abroad) with the intention of coming back within 2 years

Will leaving the country trigger a surrender of any of their rights with regards to residence?
If not, will they then be able to claim PR (in case it's still there) from abroad?

secret.simon
Moderator
Posts: 11258
Joined: Thu Feb 21, 2013 9:29 pm

Re: Leaving the UK temporarily during Brexit negotiations

Post by secret.simon » Wed Jun 07, 2017 4:13 pm

Nobody knows. You are asking for the outcome of negotiations that have not even started yet. If you are asking as a matter of law, the law itself will be in considerable state of flux and I doubt anybody can answer that question.

Generally, the practice for non-EEA citizens at the moment is that their status is dependent on the specific documentation issued to them by the Home Office. After Brexit, it is not improbable that those EU citizens who have documentary proof of PR will retain status on the basis that their status has been verified by the Home Office and they have appropriate documentation.

If you do not have the documentation, your status may be unclear.

Then again, let's see how badly the negotiations are going to get (my feeling is that they will have full and frank discussions - meaning that the cleaners will be cleaning the blood off the carpets every morning).
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.

rooibos
Member of Standing
Posts: 275
Joined: Mon Sep 07, 2015 9:02 pm
Location: Birmingham, UK
European Union

Re: Leaving the UK temporarily during Brexit negotiations

Post by rooibos » Wed Jun 07, 2017 10:31 pm

I wasn't asking what would happen after Brexit. I'm talking before the actual Brexit happens. I though I had made it clear in my question.

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