I am non-EU nationality and have 5 years UK refugee resident permit, and now want to marry a German citizen in Germany and apply for German resident permit to live there. In this case can I hold both residency? and extend my UK resident permit to permanent resident at the end of duration of this 5 years?

  • I suppose the UK will consider that you have abandoned your residence in the UK and refuse to grant indefinite leave to remain. But I haven't yet found anything explicit in the immigration rules that leads to this conclusion. – phoog Sep 21 '18 at 13:11
  • my 5 years resident permit is valid until 2020, so what will happen that if I get German resident permit? – Shad Sep 22 '18 at 7:17
  • my assumption is that the amount of time you spend in the UK is more important than whether you have a residence permit elsewhere, but I do not know and I cannot find anything explicit in the sources online. Your best course of action is probably to consult a UK immigration lawyer who has experience with refugees, or a refugee organization in the UK. – phoog Sep 22 '18 at 16:39

The first problem is that you can't apply for "indefinite leave to remain" (which is what I think you mean by "permanent resident") until you have lived in the UK for 10 years (not 5) ... so you can't apply for ILR yet.

The second problem is that if you go and live in Germany, you will stop being resident in the UK, so you will at the very least stop the clock on the 10 years.

The third problem is that I believe that if you go and live in Germany then your refugee residence permit will be considered abandoned and will cease to be valid. However I can't find any evidence for that.

I think you are going to have to pick one of UK and Germany.

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