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Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10953
Experience:  Barrister 17 years experience
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I have a Cyprus passport, which is EU passport, and I have

Customer Question

Hello, I have a Cyprus passport, which is EU passport, and I have lived in the UK more than five years. However, last one year, I have not been living in the UK. Do I have a right to get the UK permanent residency card?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Buachaill replied 1 year ago.

1. Dear Cagri, in strict point of law, you can get a Permanent Residence card. This is because you can be up to 450 days out of the UK during the five years which count towards your permanent residency. So, it does not matter that all of these were at one time, over a year time. HOwever, be aware that if you come to apply for citizenship, you will have to show you were tax resident in the UK FOR THE five year period which counts towards citizenship. The tricky thing is not getting the Permanent Residence card, but qualifying for citizenship if you have prolonged absences. Be aware that absences, such as working abroad for a British firm, don't count as absences from the UK. Similarly, if you merely went on holidays, this would not count as an absence, so long as it was of short duration. Be aware that you cannot be more than 90 days out of the UK in the final year before you apply for citizenship. So, if you intend applying for UK citizenship, you cannot have such prolonged absences.

Expert:  Buachaill replied 1 year ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 1 year ago.
Currently, I am not living in the UK. I am working an Irish company in the ireland. I stayed in the UK around 5 and half years. I completed my master and phd degrees in the UK. My question is Can I still get a UK's permanent residency ?
Customer: replied 1 year ago.
Also, in near future, I do not have any chance to come UK.
Customer: replied 1 year ago.
During my educations (5+6 months), I did not go out more than 100 days.
Customer: replied 1 year ago.
However, I completed this five years period one year ago, and I have not been in the UK for a year.
Expert:  Buachaill replied 1 year ago.

3. Yes, you can still get UK permanent residency so long as your cumulative total of days outside the UK in the last five years has not exceeded 450 days. Be aware additionally, that Ireland is part of the same free movement zone as the UK since 1922, so absences in Ireland will not be noticed as there is no border post.