The Nigeria international would have had to start ten Premier League matches for the obligatory option to be triggered. But after the Eagles' victory against Tottenham, there are not enough games to reach the ten-game target.
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Uche hasn't started a single Premier League match, so the the only way for the Nigerian to stay in England is through a voluntary purchase.
Otherwise, Uche will return to Getafe, with the Madrid club prepared to sell him this summer.
Getafe management rate Uche highly, but need a sale to ease financial pressure.