Leaving and returning to the UK on a 5-year residence permit

[emyp]

Some background: I am the partner of an EEA National and I am currently in the 2nd year of a 5 year residence permit. I want to leave the country for 6 months for a short-term job. I have some urgent questions I need help with:

- Am I allowed to leave for this amount of time?
- Can I exceed 6 months?
- If I go over 6 months how will this effect my ability to stay after the 5 years? (Do I HAVE to apply for permanent residency after my residence permit is up, or can I apply for a second residence permit or something else?
- If my partner and I get married does any of the above change? Would that give me the right to stay here with my partner even if I've left the UK for a period of time during my residence permit?

Any insight into my particular situation would be MUCH appreciated. Thank you!!

[noajthan]

Some background: I am the partner of an EEA National and I am currently in the 2nd year of a 5 year residence permit. I want to leave the country for 6 months for a short-term job. I have some urgent questions I need help with:

- Am I allowed to leave for this amount of time?
- Can I exceed 6 months?
- If I go over 6 months how will this effect my ability to stay after the 5 years? (Do I HAVE to apply for permanent residency after my residence permit is up, or can I apply for a second residence permit or something else?
- If my partner and I get married does any of the above change? Would that give me the right to stay here with my partner even if I've left the UK for a period of time during my residence permit?

Any insight into my particular situation would be MUCH appreciated. Thank you!!

1) Yes.

2) Only in certain exceptional circumstances and for one time only.
("For work" is probably not a good enough reason unless its a work-related assigment)

3) If its a justifiable, exceptional 1-off then maybe all good.
Otherwise you will break continuity of residence and your PR clock will stop (reset to zero).
In such a case you won't have acquire PR and so cannot apply for confirmation of PR.
A further RC would be required on return to UK; (mandatory for an FM).

4) In immigration terms marriage won't help much. As spouse of an EEA sponsor/qualified person, it just makes possessing a RC optional.
(If you go abroad for too long and reset your PR clock it will still have been reset regardless of marital status).

Note EEA sponsor needs to keep working or otherwise exercising treaty rights in UK whilst you enjoy your sojourn abroad.

[emyp]

1) Yes.

2) Only in certain exceptional circumstances and for one time only.
("For work" is probably not a good enough reason unless its a work-related assigment)

3) If its a justifiable, exceptional 1-off then maybe all good.
Otherwise you will break continuity of residence and your PR clock will stop (reset to zero).
In such a case you won't have acquire PR and so cannot apply for confirmation of PR.
A further RC would be required on return to UK; (mandatory for an FM).

4) In immigration terms marriage won't help much. As spouse of an EEA sponsor/qualified person, it just makes possessing a RC optional.
(If you go abroad for too long and reset your PR clock it will still have been reset regardless of marital status).

Note EEA sponsor needs to keep working or otherwise exercising treaty rights in UK whilst you enjoy your sojourn abroad.

Thank you so much for your answer, it really helps. Just to be clear: IF for some reason I end up staying more than 6 months (but definitely no longer than 1 year)- I can still apply for a second residence permit after my current one is up, just not for permanent residency (until I've fulfilled the continuous 5 years again)?

Thanks again.

[noajthan]

Thank you so much for your answer, it really helps. Just to be clear: IF for some reason I end up staying more than 6 months (but definitely no longer than 1 year)- I can still apply for a second residence permit after my current one is up, just not for permanent residency (until I've fulfilled the continuous 5 years again)?

Thanks again.

You can come back to UK.

If absent for a good enough reson your PR clock can continue running on, on current RC. Acquire PR and shoot for PR card after 5 years.

Otherwise note you may need a FP to get back into UK (as your current RC will be invalidated by any absence over 6 months for no exceptional reason).
Once back you can (& as EFM have to) apply for another RC.

In this case your PR clock will have been reset to zero so all previous time accrued in UK will be lost.
That means your PR clock and PR journey will have to start again - for another 5 year period.