Permanet residence doc - does it lapse when absent for long

[onlyconfused]

Hi,

So I lived in the UK continuously from 98-2010. Then again from 2015 onwards. I.e. an absence of 5 years.
In 2010 I received my EEA permanent residence card (“Document Certifying Permanent Residence”. Which is now a prerequisite for the citizenship application). With hindsight I could have gone straight for the citizenship application back in '09 but hindsight is 20-20.

Is this permanent residence card basically null and void now, given my absence? I’ve not been able to find anything specific about this.

I appreciate that things are in a state of flux right now with Brexit but if you can comment on the rules as they currently stand that would be much appreciated.

[Obie]

An absence of 5 years, clearly breaks Permanent Residence Status.

[AB1998]

Hi,

I'm in a similar situation and the term absent appears to be very vaguely defined - I've never seen it clearly set out anywhere in any official documentation.

Arrived 1998.
Self employed worker until 2009.
Returned to home country.
Returned July 2013 and resident since then (again self employed)

I've gone through and checked all my travel history and as far as I know I have never been totally absent from the UK between 2009 and 2013 for any period longer than two years.

Consequently, I believe I am still a permanent resident based on the 2006 ruling that gave automatic PR for anyone that matched the requirements then. But am I?

The reason it still matters is because of Brexit. I would rather get this out of the way and be able to apply for residency immediately rather than having to wait another year for PR and then another year before I can apply for citizenship (I know the earliest I can apply for citizenship is July 2018 due to the five year rule).

But the risk of applying now obviously is that the HO thinks differently.

[Carling40]

I feel the Home Office haven't over the years enforced EU law appropriately including appropriate safe guards against abuse of EU law, notably ensuring EU citizens are exercising treaty rights and if not ensure they leave. Neither have they clearly explained how PR is lost unless you take time to dig around for information. Now with brexit both the "baby and dirty bath water is being thrown away". Apologies for the analogy
In terms of EU law, absence of 2 years breaks permanent residence status, if you however feel you have no break the only option you have is to apply for citizenship (if you can prove you meet the requirements).

[Richard W]

In terms of EU law, absence of 2 years breaks permanent residence status, if you however feel you have no break the only option you have is to apply for citizenship (if you can prove you meet the requirements).

AB1998 would have to obtain a DCPR before applying for citizenship.

[Carling40]

Thanks for pointing out Richard W, my comment was based on the OP's initial post(only confused)rather than the hijack of the thread by AB1998, as its unclear if they have a DCPR also which is a prerequisite to apply for citizenship.