Permanent Residency absences

[almighty_horse]

Hi,

I am an EU national who will be eligible for a Permanent Residency status in September 2016.

I am now in my final year of the 5-year period and my UK employer wants me to work overseas for a period of 6 months. To include holidays, I will be outside of the UK for approximately 7 months in my final year.

How will this be treated when applying for a Permanent Residency status? I understand that an overseas posting is a "serious reason" so the absence can be waived, as it won't exceed 12 months in total.

Could someone reassure me? Am I likely to have any trouble when applying for the status?

[secret.simon]

I understand that an overseas posting is a "serious reason" so the absence can be waived

You should be fine.

Section 3 of the EEA Regulations states

Continuity of residence
3. (1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.

(2) Continuity of residence is not affected by —

(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;

(b)periods of absence from the United Kingdom on military service; or

(c)any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

[almighty_horse]

Thanks secret.simon, that's helpful.

Can someone else reassure me too, just to be 100% sure?

[pains]

Hi someone pls can help me?
Next year in July im going also be applying for PR as a eea dependent im non-eea
but i got absence like this:

married in 14 of July 2011

2011----2012 none
2012----2013 (absence from 28 nov 2012 to 9 April 2013)
2013----2014 (absence from 11 may 2012 to 15 June 2014)
2014----2015 none
2015----2016 will be none also

But i been always paying taxes as im a self employed and ex-wife always working
we been living together since marry until divorce this year. i already got the retention of RC
she also helping giving her docs as pay slips p60 to prove on my application....
can i still apply for my PR in such situation?

[Jane16]

Hi pains ,

Can I ask when you got your retained residence card ? I m in the same situation as you , still waiting for it .

Cheers ,

Jane

[pains]

Hi Jane...

i got my retention application been done in about 5 months hope receive it soon...
now just worrying about absences when i go for PR application next year in July...

[Jane16]

Hi Jane...

i got my retention application been done in about 5 months hope receive it soon...
now just worrying about absences when i go for PR application next year in July...

Thanks pains . Regarding your absence from uk , unfortunately , more than six months absence in a row will not qulify according to the rule . To get the PR from the EU route , you will have to make sure during the five years , you don't have any absence of more than 6 months during any 12 month period from the uk .

Good luck.

Jane

[pains]

hi Jane16,
even they have not given me any stamp?

tks...

[Jane16]

hi Jane16,
even they have not given me any stamp?

tks...

If there isn't stamp indicating your absence , I suppose you might as well just not mention it , treat it as you being in the uk during the period . I don't think they have ways of finding it out .

[pains]

hi Jane16,
even they have not given me any stamp?

tks...

If there isn't stamp indicating your absence , I suppose you might as well just not mention it , treat it as you being in the uk during the period . I don't think they have ways of finding it out .

Thanks Jane16.. thanks for your reply ...

I think i will do it as u say cos there is not stamp at all.
any moderators to tell me something regarding on it as well jus to be more
sure about it....? OBIE? VINNY?...

[noajthan]

hi Jane16,
even they have not given me any stamp?

tks...

If there isn't stamp indicating your absence , I suppose you might as well just not mention it , treat it as you being in the uk during the period . I don't think they have ways of finding it out .

Thanks Jane16.. thanks for your reply ...

I think i will do it as u say cos there is not stamp at all.
any moderators to tell me something regarding on it as well jus to be more
sure about it....? OBIE? VINNY?...

Stamps in passports are so 19th century.

Be aware, you are scanned & tracked & recorded on almost any journey you make, certainly by air.

APIS, DCS & PNR data as well as contact and payment card data can all be recorded, analysed, crosschecked & verified against multiple Government and other databases (including Interpol & other agencies).

Lack of a stamp in a passport does not confirm lack of a papertrail & digital footprint that is left behind as you enter/exit UK.

[pains]

Try to be more specific noajthan if you want help
...INTERPOL and all that in PR application
what you're talking about then....?

[noajthan]

Try to be more specific noajthan if you want help
...INTERPOL and all that in PR application
what you're talking about then....?

What I've shared is in public domain, that's enough.

You seem to be under an impression that lack of a stamp in passport means HO/UKVI won't notice if you were in the country or not.

I'm helping you not to make a mistake by advising you that you can be tracked in or out the country whether or not your passport is stamped

[pains]

So what you suggest me to do ?
apply with mention my absences as jane16 says?

[Jane16]

I think the above opinion is right . Every time you go through airport , there must be digital information enrolled into the system which home office has access to . So I think it's better to be honest and follow the rule . Since you already got retained residence card , you might just waite for another 5 years ( make sure you won't exceed the absence limit) and then apply for PR , that would be much safer and assured . Good luck

[noajthan]

So what you suggest me to do ?
apply with mention my absences as jane16 says?

Working around your July wedding date you have a 4+ month absence from UK in 2011.
That is fine.

You say you were absent '11 may 2012 to 15 June 2014'.
- you may actually mean 11 may 2013 ( ) to 15 June 2014 which is still over 1 year (about 13 months).

Applying your July anniversary to those dates, the absence in a 12-month period splits to be approx 2 months & then 11 months.

Normally absences from UK of up to 6 months in one 12 month period are permitted & would not break continuity of residence in UK.

So your case really depends on the reason for the long absence ending in 2014.

If HO accept the reason it may not have broken your residency.
- what was the reason for the long absence

However, if it does not fall inside the rules it will have broken your residency in UK.

In that case your PR clock would have restarted in mid-2014
It needs to run continuously for 5 years (until mid-2019) when it appears PR may be acquired.

Note be aware, there are different rules around absences from UK for naturalisation;
in a nutshell, it is 450 days of absences permitted over 5 years;
with 90 days absence permitted in final year before applying for privilege of citizenship.

Hope it makes sense.

[pains]

So what you suggest me to do ?
apply with mention my absences as jane16 says?

Working around your July wedding date you have a 4+ month absence from UK in 2011.
That is fine.

You say you were absent '11 may 2012 to 15 June 2014'.
- you may actually mean 11 may 2013 ( ) to 15 June 2014 which is still over 1 year (about 13 months).

Applying your July anniversary to those dates, the absence in a 12-month period splits to be approx 2 months & then 11 months.

Normally absences from UK of up to 6 months in one 12 month period are permitted & would not break continuity of residence in UK.

So your case really depends on the reason for the long absence ending in 2014.

If HO accept the reason it may not have broken your residency.
- what was the reason for the long absence

However, if it does not fall inside the rules it will have broken your residency in UK.

In that case your PR clock would have restarted in mid-2014
It needs to run continuously for 5 years (until mid-2019) when it appears PR may be acquired.

Note be aware, there are different rules around absences from UK for naturalisation;
in a nutshell, it is 450 days of absences permitted over 5 years;
with 90 days absence permitted in final year before applying for privilege of citizenship.

Hope it makes sense.

Hi noajthan....

Yes the long absence was 11 may 2013 to 15 of June 2014.
it was a long holiday on parents house as i have been away for more
than 6 years in that time, never told it would restart my PR application,,,,
don't really want wait another 5 years for PR due im on new serious relationship with
a non-eea girl and want bring her when i get PR. If i don't get PR i cant settle her cos i will
have only retention of RC alright?
as i say I've got not stamps on my passport at all
Do i can apply and let absence page in blank

Kind REGARDS

[pains]

Also I've got to say when i was absent my ex was here
working and paying taxes and we was still married..

[noajthan]

Hi noajthan....

Yes the long absence was 11 may 2013 to 15 of June 2014.
it was a long holiday on parents house as i have been away for more
than 6 years in that time, never told it would restart my PR application,,,,
don't really want wait another 5 years for PR due im on new serious relationship with
a non-eea girl and want bring her when i get PR. If i don't get PR i cant settle her cos i will
have only retention of RC alright?
as i say I've got not stamps on my passport at all
Do i can apply and let absence page in blank

Kind REGARDS

Unfortunately it seems your long vacation will have broken your residency in UK & stopped your PR clock;
(a vacation would not be considered an exceptional enough circumstance to justify such a long absence).

According to your stated timelines your PR clock would probably have started up on your return to UK in mid-2014;
(assuming you have exercised treaty rights since then).

If you applied for confirmation of PR any time soon it is unclear how you would prove your residency in UK from 2013--2014.

You would also be committing an offence if you omit material facts (such as an absence from UK) as you have to declare you are aware that:

... it's an offence to make a statement or representation which I know to be false or do not believe to be true, or to obtain, or seek to obtain a document certifying permanent residence or permanent residence card by means which include deception

Similarly, for any future application for the privilege of citizenship, you will need to provide evidence of residency in past years.
You will also be subject to a good character test and be expected to provide past addresses.
You also have to declare you understand that:

... a certificate of citizenship may be withdrawn if it is found to have been obtained by fraud, false representation or concealment of any material fact

HO will crosscheck your application/s and it seems unlikely a caseworker would look kindly at a year-long absence that has been 'forgotten'.

[pains]

Hi noajthan....

Yes the long absence was 11 may 2013 to 15 of June 2014.
it was a long holiday on parents house as i have been away for more
than 6 years in that time, never told it would restart my PR application,,,,
don't really want wait another 5 years for PR due im on new serious relationship with
a non-eea girl and want bring her when i get PR. If i don't get PR i cant settle her cos i will
have only retention of RC alright?
as i say I've got not stamps on my passport at all
Do i can apply and let absence page in blank

Kind REGARDS

Unfortunately it seems your long vacation will have broken your residency in UK & stopped your PR clock;
(a vacation would not be considered an exceptional enough circumstance to justify such a long absence).

According to your stated timelines your PR clock would probably have started up on your return to UK in mid-2014;
(assuming you have exercised treaty rights since then).

If you applied for confirmation of PR any time soon it is unclear how you would prove your residency in UK from 2013--2014.

You would also be committing an offence if you omit material facts (such as an absence from UK) as you have to declare you are aware that:

... it's an offence to make a statement or representation which I know to be false or do not believe to be true, or to obtain, or seek to obtain a document certifying permanent residence or permanent residence card by means which include deception

Similarly, for any future application for the privilege of citizenship, you will need to provide evidence of residency in past years.
You will also be subject to a good character test and be expected to provide past addresses.
You also have to declare you understand that:

... a certificate of citizenship may be withdrawn if it is found to have been obtained by fraud, false representation or concealment of any material fact

HO will crosscheck your application/s and it seems unlikely a caseworker would look kindly at a year-long absence that has been 'forgotten'.

Hi there as i say before i was absent that time but ex wife was still in uk exercing her treats rights
and i also got all my taxes returns and bank statements on my address and many other bills
I've seen this on uk.gov web site :
540 days
Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last
4 years.
For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 years.
Absences normally disregarded only if:
a) you meet all other
requirements; and
b) you have established your home, family and a substantial part of your estate here.

[noajthan]

Hi there as i say before i was absent that time but ex wife was still in uk exercing her treats rights
and i also got all my taxes returns and bank statements on my address and many other bills
I've seen this on uk.gov web site :
540 days
Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last
4 years.
For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 years.
Absences normally disregarded only if:
a) you meet all other
requirements; and
b) you have established your home, family and a substantial part of your estate here.

Those are the rules that apply when applying for the privilege of citizenship.
There are different rules (under different legislation) for PR, which is what I understand you are about to apply for.

You will still need to clear the PR hurdle (including PR rules on absences) before getting to the case for naturalisation.

Even if your wife was in the country it is clear you were not, for a significant period.
It is unclear on what basis you think that can be overlooked, for example when you come to sign off your application.

[pains]

Please need some help really need ...

I've my application returned day before yesterday saying no evidence that im working after divorce.
what i should do? Im current registered as a self-employed got all taxes paid and tax return done
what happen now? i will loose my visa?