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Topic: Permanent residency lapse?  (Read 1442 times)

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Permanent residency lapse?
« on: February 08, 2011, 07:25:56 AM »
Hey all,

My UKC partner and I met in the US before moving over to the UK, him permanently and me to visit for 3 months before I took the plunge to apply for my CP visa.  My visa is currently in the assessment stage and I hope to hear something in the next few days, but just in case the news isn't great I'm trying to figure out what our options would be.  Besides reapplying (which we would eventually do once our finances recover from the hit that this process has been), I think our other best option is for him to move back over here. 

He had permanent residency through his parents while living here, but I'm worried that it may have expired since.  When we made the decision to move over in March 2010, we were told that PR expires after 6 months, but I had a look on the internet today and read that it was actually 12 months.  Does anyone know if this changed recently and, if so, what that would mean for us?  If it is definitely 6 months for him, his PR has already definitively lapse, but we'd still have a month at least if it's 12 months.  Also, he visited the States for a week in December--if it is 12 months, does that reset the clock?

I do realize that this may not be completely the best forum for this question, so if any of you can suggest a better one, I'd be very appreciative.


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Re: Permanent residency lapse?
« Reply #1 on: February 08, 2011, 10:05:33 AM »
I am by no means an US immigration expert but the 6 months are correct. However - it is at the discretion of the Immigration Officer at the airport if he decides to revoke the Green Card if someone has been out of the country for more than 6 months. It is best to have a succinct explanation ready vs. rambling on about ones life, UK immigration issues, etc.

Since your spouse has been visiting back in December - this will reset the 6 month clock - so you should be OK.


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