Residence periods for PR application for an EU national

[isaacs]

I had a quick question with regard to counting residency for permanent residency that I thought someone might have an answer to.

I am a Romanian national and I was a student in the UK between 2008 and 2012, then I left for Romania for 5 months where I was a full-time student, and I returned to the UK in 2013 and have been living here exercising treaty rights ever since. I satisfy all the comprehensive sickness insurance requirements.

I understand that the 5 months that I spent in Romania would not have broken my residency, but would they count towards it, or would they push the date forward? I.e. if I came in September 2008, would I be a PR in September 2013, or would the 5 months push it to February 2014?

If the 5 months away from the UK push PR eligibility forward, does that also happen when you go on holiday from the UK? I.e. for every you spend 14 days abroad, your PR is delayed/extended by 14 days?

Just to help simplify my residence periods:
2008 - 2012 - EU student in the UK
2012-2013 - 5 months as a student in Romania
2013-2016 - exercising treaty rights in the UK

Many thanks!

[LilyLalilu]

The 5 months you were away neither break your residence nor do they push it back. I was also absent for 2 months, applied straight after completing my 5 years and had no issues.

There is a DWP guidance though which suggests that residence is pushed back by these absences, which is not true according to EU law (and which I hope the HO doesn't use). To avoid any misunderstandings I sent a detailed cover letter pointing the caseworker to the relevant paragraphs in the EEA regs 2006 and the EU directive 2004/38, you may wish to do the same.

Given that you had CSI you should have acquired PR status at some point in 2013.

[isaacs]

The 5 months you were away neither break your residence nor do they push it back. I was also absent for 2 months, applied straight after completing my 5 years and had no issues.

There is a DWP guidance though which suggests that residence is pushed back by these absences, which is not true according to EU law (and which I hope the HO doesn't use). To avoid any misunderstandings I sent a detailed cover letter pointing the caseworker to the relevant paragraphs in the EEA regs 2006 and the EU directive 2004/38, you may wish to do the same.

Given that you had CSI you should have acquired PR status at some point in 2013.

Thanks for that insight, LilyLalilu!

One more question, would we have to have been exercising a treaty right in the UK while we were absent from the country? I don't see how that would be possible unless one was on holiday from a UK job or on a student exchange from a UK university. If not, what would you put down for that absence in the EEA PR form?

Thanks!

[LilyLalilu]

I didn't exercise treaty rights as I was in between jobs. And true, you cannot really exercise treaty rights from abroad unless on holiday from an ongoing UK job/a study exchange. I put down the dates and then: 'outside of the UK (see absence section) and therefore not required to exercise treaty rights as free from immigration time restrictions'. Seemed to have done the trick, good luck

[karamba123]

To avoid any misunderstandings I sent a detailed cover letter pointing the caseworker to the relevant paragraphs in the EEA regs 2006 and the EU directive 2004/38, you may wish to do the same.

LilyLalilu, could you please tell, how you wrote this cover letter, if it's not too much to ask.

[noajthan]

Simply reference EEA Regulation 3 on continuity of residence - check it out.

[karamba123]

Will do, thanks Noajthan.