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Loss of Permanent Residence

Posted: Tue Sep 27, 2016 2:19 pm
by etdshap
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.

Re: Loss of Permanent Residence

Posted: Tue Sep 27, 2016 2:28 pm
by LilyLalilu
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.

Re: Loss of Permanent Residence

Posted: Tue Sep 27, 2016 2:34 pm
by etdshap
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!

Re: Loss of Permanent Residence

Posted: Tue Sep 27, 2016 2:43 pm
by noajthan
See Directive as transposed into UK law, (Regulation 15):
http://www.legislation.gov.uk/uksi/2006 ... on/15/made

Re: Loss of Permanent Residence

Posted: Tue Sep 27, 2016 2:54 pm
by LilyLalilu
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 :)