When a non-EU member of EU citizen family can apply for EEA4, permanent residence?
The rule is 5 years, with no more then 180 years outside of UK each year, right?
Our problem is that there were two absences of non-EU member during 1st year - 5 months, and then 2 month, total 7. And they were not for study or illness. Timeline is (approximately):
EU citizen lived and worked in UK full time all the way, on problem.
Non EU applicant (parent of EU citizen) entered UK as family member of EU citizen on FP on July 1 in year X, immediately applied for EEA2, then left UK between December 1 and April 30 (5 months). During that time, in January of year X+1, EEA2 was received by family in UK (on separate paper). Applicant then soon left again for another 2 months (July-August of year X+1). After that applicant lived in UK continuously, with absences of no more then 2-3 months per year.
So 5 years needed for PR will be completed in July of year X+5, but given 7 months of absence in year X to X+1, what should we do? Does this rule of 180 days out max apply to any period of 365days, or only to periods starting the application day?
I.e., if we apply on July 1, year X+5, technically there will be only 5 months of absence in the 1st year five years back, since they will look July 1 year X to July 1 year X+1. And another 2 months will apply to another year. So we will be fine, right?
Or, every period of 365 days counts? In that case, we probably should wait - but until what?
For example, if we apply in January of year X+6, there will be less then 6 moths absence 5 years back (4+2).
But I hear it might be that the day 5 years back from application date should be the day applicant was physically in UK? Then we can only apply in May of year X+6 I guess..
What is the safest way?
Also, the applicant usually travels to homeland for Christmas, so will be returning in January of year X+6, just before or just after EA2 expires. Would it be a problem if we still did not apply for PR? (Applicant holds USA passport, so no issues with airlines/visa)
Also, if we apply for PR, should we include original EEA2 stamp (it is on separate paper, not in the passport)?
Another question:
It is probably the best if EU sponsor applies for EEA3 as soon as possible (to make process of getting EEA4 for dependent easier). EU sponsor came to UK on same day (July 1 year X), but actually worked for UK employer from outside for 3 months before that, from May 1 (was on payroll and getting money). Can sponsor apply 5 years from May 1 year X, or only 5 years from the day of entering UK, July 1 year X ?
I.e. should the day 5 years before application day be the day you are physically in UK?
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