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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10587
Experience:  Barrister 17 years experience
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I am an Italian National who emigrated to the UK in November

Customer Question

Hello.
I am an Italian National who emigrated to the UK in November 2008 and resided there until 20 February 2014. I worked as self employed for the entire period. On the 24 of February 2014 I moved to New Zealand and lived there since then. I would like to come back to the UK in September 2016, have I lost my permanent residence status in the UK? Consider that I kept paying my NIN contributions while abroad, I still have a bank account and NHS card.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
I am an Italian National who immigrated to the UK in November 2008 and resided there until 20 February 2014. I worked as self employed for the entire period. On the 24 of February 2014 I moved to New Zealand and lived there since then. I would like to move back to the UK in September 2016. Have I lost my permanent residence status in the UK after these two years and 6 months? Consider that I kept paying my NI contributions while abroad, I still have a bank account, NHS card and driving licence.
Expert:  Buachaill replied 1 year ago.

1. Can you better explain the situation. Did you make an application for Indefinite Leave to Remain or citizenship whilst you were in the UK? Are you aware that the UK is leaving the EU?

Customer: replied 1 year ago.
Hello,
No, I did not make an application for indefinite leave to remain (permanent residence) nor citizenship whilst I was in the UK. The first one because it was not compulsory and as EU national quite superfluous and the second because I was not qualified to apply (6 years required). Yes, of course I am aware of the result of the Brexit referendum and the possible scenarios regarding the immigration policies and this is why I am wondering if I can still claim my UK permanent rights or not. As I said I lived and worked in the UK for 5 continuous years before leaving the country on 21 February 2014. In the last 2 years and 4 months I never come back to the UK. So, my concerns are that I may have lost my permanent residence status.
Expert:  Buachaill replied 1 year ago.

2. Dear Antonio, I regret to say that once you have been out of the UK for over one year, without visiting the UK you lose any acquired rights you may have had to live and work in the UK. In order to have acquired rights to live and work in the UK indefinitely, you would have had to either obtained Indefinite Leave to Remain or to have taken out citizenship. You can now return to the UK, but you will be starting again in acquiring the necessary five years (not six) for EU nationals to acquire citizenship or Indefinite Leave to Remain.

Expert:  Buachaill replied 1 year ago.

3. I would also advise you this time to apply for Permanent Residence card which verifys that you have the right to live and work in the UK. This card is provided to EU nationals to evidence the fact they can live in the UK without restriction. Additionally, you should take out private health insurance as this is necessary if you want to acquire either ILR or citizenship.

Expert:  Buachaill replied 1 year ago.

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Customer: replied 1 year ago.
Can I request the permanent residence card as soon as I arrive in the UK or I have to wait for it? Is a private health insurance like BUPA mandatory in order to obtain the ILR or citizenship? Thanks
Expert:  Buachaill replied 1 year ago.

5. You have to be a minimum of three months in the UK before you can apply for a Permanent Residence card. This is because after three months have elapsed you have to exercise EU Treaty rights to remain in the UK. Normally, they are issued after you show you are six months resident in the UK BECAUSE, you are then resident for tax in the UK. So, I would suggest you wait until you are six months in the UK.