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Can someone please help? EU citizen, living abroad, house in UK

(11 Posts)
ZombieHunter Tue 28-Feb-17 06:03:58

I lived in England for 12 years and have worked there all the time. DH and DS British nationals, I am German. Last year we decided to move abroad to a non-EU country for work reasons. I have a house in England with tenants living in it at the moment.

By the looks of it I will lose my right of residency sooner than expected. Or not? This is what confuses me, as I'm out of the country at the moment, but have been there for more than 5 years which seems to be the cut off point, I don't really know what is happening. I was still living in England when the referendum took place. I still have an English bank account and obviously the house. Will I have a right to reside there? Or shall I just sell the house and cut all ties with England apart from DH's family? Can anyone please help as I'm totally confused.

lalalonglegs Tue 28-Feb-17 07:37:09

I can't imagine how stressful this is for you but it seems to me that immigration rules are being made up - and applied - on the hoof. I think you need some solid legal advice but am bumping in case someone with more expertise comes along.

RachelRagged Tue 28-Feb-17 09:08:27

That is awful ZombieHunter . I do hope you can return here , your DH and DS are British afterall .. This is wrong . In my view those who have settled here, work here, have British children here .. . should damn well be allowed to remain , same as with Brits abroad .

Lico Tue 28-Feb-17 09:26:14

You can apply for a résidence permit now provided that you can prove that you have exercised your treaty rights for any 5 years during the years you lived in UK. You must be able to prove it though. The new form does not have all the requirements for ins and outs of the UK. I would come back to the UK if I were you and sort out your PR and British Citizenship and get a good lawyer.. Theresa May is a fascist so history is repeating itself.

Mistigri Tue 28-Feb-17 10:31:11

Get yourself an immigration lawyer. Being out of the UK for too long will possibly mean you can no longer claim permanent residence, but you need someone who understands all the ins and outs. They won't be able to tell you what the law will say in March 2019 but they can at least advise you based on current UK and EU law flowers

lalalonglegs Tue 28-Feb-17 15:22:48

HI OP - I just saw this in the Guardian Scottish woman and French husband quit UK over Brexit. It's not looking good - this man's application for PR was turned down because he had lived outside the UK from 2012-15 despite being from a much-valued profession (green energy scientist). I'd definitely look into your rights sooner rather than later sad.

ZombieHunter Wed 01-Mar-17 02:03:15

Thanks all. It's not looking good, is it?

I can't leave where I am at the moment. I'm in a contract until next summer at least and breaking it could mean employment suicide. When we made the decision to leave last year it was a long-term plan to stay abroad, until my retirement, but then go back to England when the time comes. I even still voluntary contribute to the NI for my pension. Which is another thing that I'll probably lose now...

Basically, I wanted to keep the house - which was our family home - in case of emergency and for retirement. We are happy where we are at the moment, but if something was to happen to any of us, we could always go back. I also wanted the option for DS to study in the UK or Germany (he thankfully has both citizenships).

Now it's all a mess. I don't think I'll get the residence permit, but will look into it. Have found something on the gov website. Which is the next problem, all the paperwork is stored in the loft. I haven't got anything here...

I'm really thinking it's not worth the hassle and just sell up and stay away. Then again, I know it will have implications if we had to go back in case let's say DH gets ill and I won't be allowed to reside there.

So upset sad

BendyBusBuggy Wed 01-Mar-17 02:40:51

Very similar situation here although I am still employed in the UK but, like the OP, not currently resident. I am worried whether I will not be able to return with my DH and DCs.

Reading the news it sounds like March 15 this year may be the cut off point.

sad

Mistigri Wed 01-Mar-17 05:48:40

zombie I think the problem for you is that while you acquired permanent residence during your years in the UK you may lose it if away too long, like the French academic who was in the news yesterday.

I wouldn't waste time looking at the HO website - spend a few quid getting advice from a lawyer.

BoboChic Wed 01-Mar-17 14:47:24

At the moment applications for PR in the UK by EU nationals are being treated as if the applicants should have known of the risks they were taking in leaving the UK for a few years in order to take up employment opportunities elsewhere, while having every intention of returning to the UK as it was their home base.

This is patently nonsense. It will get cleared up.

RedAndYellowPeppers Tue 07-Mar-17 13:04:17

You would still be able to get the permanent residence card IF you could manage to get back to the UK and have less than 2 years abroad.

Atm we have no assurance that having that PRC will be enough to stay or the one way to 'be allowed' to stay in.

You also have to remember that even when the UK is out of the EU, there will be some deals in place. From what you are saying, you would probably fit the criteria for non eu immigration anyway. So would be able to stay in the uk (I'm strongly hoping this would work for me too!!)

Have a look at the leaflets from Freemovement Website they are full of very interesting 'nuggets'

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