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Buachaill, Barrister
Category: Law
Satisfied Customers: 11203
Experience:  Barrister 17 years experience
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I have a question regarding my rights after Brexit as an EU

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Hello, I have a question regarding my rights after Brexit as an EU citizen who is self-employed in the UK. My work requires me to travel for work overseas or working in the UK. I have been living and working in the UK from 2008-2012 but became self-employed in June 2012. And I have been on/off in the country since. I am registered with HMRC and pay my taxes in the UK but I can be away from the country for more than 180 days a year.
I do not have a permanent accommodation in the UK as I do not need one. When I work I am living with my employer for the period of my booking.
Am I still eligible to apply for a permanent residence permit? Even though my work takes me away from the UK for a longer period of times?
Thank you for your answer.Kind regardsAndrea Coufalova

Hello, and thank you for your question. I am your Expert and I will provide the answer you require.

1. Dear *****, you need a continuous period of residence in the UK for five years in order to successfully acquire a permanent residence card as an EU citizen. The form you apply upon is EEA(PR) which is a 85 page form and the parameters I am going to give you are set out in the Guidance Notes attaching to that application form.

2. Essentially, you cannot be absent from the UK during this five year period of continuous residence for more than six months in any one year period. Total absences during the five year period must not exceed 450 days and you must not be absent for more than 90 days in the year before you make your application.

3. In your situation, where you have been absent upon occasions for more than six months, that would mean any five year period would start again. So, as things stand, where you are only in the UK occasionally, even though your business is UK based, you would not qualify for a Permanent Residence card.

Customer: replied 5 months ago.
Thank you for your response. In that case, shall I cancel my self employment in the UK? I rather not pay a taxes in UK and move my self employment to a country of my origin. I might have a prove that I lived continuously in the UK but that is from years earlier. Would that count?

4. If you were in the UK continuously for five years in any nine year period, you may still apply. However, in your question, you suggest it was 2012 when this was the case, over five years ago. This would not mean you were in the UK for five continuous years in the last nine.

5. Ultimately, I would suggest you make your decision as to whether to work in the UK based on economic considerations. You will still be able to work periodically in the UK after Brexit if you are offered employment. Strictly speaking, you don't need Permanent Residence to do this.

6. The other alternative is to adopt a working policy whereby you spend the necessary time in the UK over the next five years and obtain permanent residence.

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Customer: replied 5 months ago.
That is my worry, as my work takes me to UK on occasions that I chose but not necessarily all the time. What kind of permit or visa will I be needing after Brexit? I do not mind to pay a taxes on my earnings in the UK. But if I will not be allowed to work there anymore, I rather cancel it altogether.I am rather confused, as having a permanent employment in the UK would be the easiest option. But my job is on self-employed basis with freedom to choose in which country your job might be.