UK Absence

[eeapr4me]

Hi all, I'm trying to get into the caseworker's head. An example of absence is given here:

https://www.gov.uk/government/uploads/s ... _clean.pdf


on page 50 of 66 it says:

When you calculate if an applicant has spent more than six months outside the UK in any year you must base it on the period of time the applicant claims to have resided in the UK in line with the regulations. For example:
 If an EEA national claims they have resided in the UK from October 2005 to October 2010 you will begin each of the years in October.
 If they lived and worked in the UK from October 2005 until February 2008, resigned from their job to work in another EEA state for 10 months before returning to live and work in the UK in December 2008 their continuity of residence was broken. This is because in the year October 2007 to October 2008 they were absent from the UK for more than six months, and it was not for an important reason.



In the above example, the eea national has broken their 5 years continuous residence because they spent more than 6 months abroad in a given 12 month period. So if the eea national resigned from their job to work in another eea state for less than 6 months before returning to the UK has their PR clock been reset? My main query is that they have broken "exercising their treaty rights" whilst working abroad.

[noajthan]

Hi all, I'm trying to get into the caseworker's head. An example of absence is given here:

https://www.gov.uk/government/uploads/s ... _clean.pdf

on page 50 of 66 it says:
...

In the above example, the eea national has broken their 5 years continuous residence because they spent more than 6 months abroad in a given 12 month period. So if the eea national resigned from their job to work in another eea state for less than 6 months before returning to the UK has their PR clock been reset? My main query is that they have broken "exercising their treaty rights" whilst working abroad.

No, an absence of 6 months or less in the given 12 month period does not break continuity of residence and so would not reset the PR clock.

A one-off absence of up to 12 months for an exceptional reason is permissible as is military service for an unspecified time; (I guess that would mean legitimate military service).

Ref EEA Regulation 3:
http://www.eearegulations.co.uk/Latest/ByPage/part1_3