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Buachaill, Barrister
Category: Law
Satisfied Customers: 11048
Experience:  Barrister 17 years experience
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Once more, this is a separate question: I came to live

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Hello once more, this is a separate question:
I came to live Britain in May 1989 from Germany as my husband was British. I lived and raised our two children (with a break of 4 years (1999-2003),
In summer 2009 I re married and spent most of my time in Mexico but did keep my flat and household and was going back and forth. In Summer 2015 I came back to stay and work permanently again. Do I still have permanent residency or have I lost it during my time in Necico City even though I kept my home in the UK and kept coming back to it?

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

1. Dear Verena, essentially any absence from the UK in excess of two years as a German citizen means you would lose any claim to permanent residence which you might have built up through long residency. It would only be if you became a British citizen that you would continue to have permanent residence rights in the UK. It would have been possible to acquire British citizenship after two years marriage to your British husband. Even if you lost your passport or didn't renew one, you could still get one today as a British citizen. However, if you never applied for British citizenship, then you are the same as an EU citizen exercising Treaty Rights, even if you had property and a residence in the UK.

2. Now it is necessary to reside for five years continuously in the UK and then you will become eligible to apply for Permanent Residency using Form EEA(PR) which is 85 pages long! Once you have Permanent Residency for one year as an EEA citizen, then you become entitled to apply for British citizenship.

3. Be aware that under the transitional Brexit negotiations just issued, once you have spent two years in the UK at 29th March 2019, you can seek to apply for Permanent Residency or Indefinite Leave to Remain once you have been five years in the UK. So, your situation will not be adversely affected by Brexit and you will have a smooth path to Indefinite Leave to Remain and ultimately, British citizenship.

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Customer: replied 3 months ago.
thank you for your advice, I thought the same until I read the Government Pater on Free movement today of a lady what like me had spent over 20 years in Britain with periods greater than 5 years continuously. Pls see example attached, like her I went to stay in another country but kept coming back to the UK, not at one point had I spent more than 2 years continuously outside the country, what do you think of her example

5. I would agree with the point that if you are not continuously outside the UK for two complete years, then the chain of continuous residence has not been broken. Just be aware that this is a civil servant's explanatory memorandum of the hard fact situation at the outer limits of the law. If you are dealing with a different civil servant in the Home Office he will need hard evidence from you to show you returned regularly without any continuous absence of two years. However, if you can recover your old air tickets, or show presence in the UK, it is a point worth pursuing.

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Customer: replied 3 months ago.
thank you for your help