EEA(PR) Absence

[robin92]

Hi, i've read some topics on this blog about EEA (PR) application and about Absence.
I'm italian citizen and i've arrive in UK in december 2015, since then i've continuosly been a "qualified person" because i'm fulltime employed.
On december 2020 (if nothing change) i Would be eligible to Apply as permanent resident.
In september i Will Leave the country for 11 months, i know the Absence limit is 450 days during the 5 years period to be eligible, i Will not exceed that limit, but i've read some topics about another condition on a maximum 6 months Absence period for each absence, i've checked on UK immigration website, and nowhere States about this 6 months limit, it Sticks with the 450 days, can Anyone help me?
Thanks

[MrSlyFox]

Hello Robin92,

You have confused the residence requirements for naturalization and PR.

For acquiring PR you can be absence for up to six months per year:

i Will Leave the country for 11 months

This would be a too large of an absence (unless it is a very important reason then you can have one absence of up to 12 months i.e. childbirth, serious illness, study)

See Page 40 - https://www.gov.uk/government/uploads/s ... 4_0EXT.pdf

Absence limit is 450 days during the 5 years period to be eligible

This is the residence requirement if you wish to naturalise as a British Citizen, which can only be done after acquiring PR and holding that status for 12 moths (without absences of 90 days within that year you apply for citizenship) following five years living in the UK.

[robin92]

Hello Robin92,

You have confused the residence requirements for naturalization and PR.

For acquiring PR you can be absence for up to six months per year:

i Will Leave the country for 11 months

This would be a too large of an absence (unless it is a very important reason then you can have one absence of up to 12 months i.e. childbirth, serious illness, study)

See Page 40 - https://www.gov.uk/government/uploads/s ... 4_0EXT.pdf

Absence limit is 450 days during the 5 years period to be eligible

This is the residence requirement if you wish to naturalise as a British Citizen, which can only be done after acquiring PR and holding that status for 12 moths (without absences of 90 days within that year you apply for citizenship) following five years living in the UK.

Thanks for you answer , actually i'm interested in Naturalization, thats why i've asked about ,PR, so holiday period of 11 months Would restart my PR clock?

[robin92]

Actually reasons that dont Break the counts are many , like "overseas posting" or study... Im going to NZ on a working hokiday visa, if i study or work the re for a period i should be ok?

[secret.simon]

OK, first understand that PR and naturalisation had completely different requirements. The only thing that they have in common is that you must have PR and must have held it for at least one year before applying for naturalisation. Otherwise, the absence (and other) requirements are different.

For PR, you need to have less than six months absence in every one of the five qualifying years. One absence of upto one year period is allowed.

For naturalisation, you need to have less than 90 days absence in the year immediately preceding the date of application and less than 450 days in the five years immediately preceding the date of application.

It is possible that you may qualify for PR, but fail naturalisation if your absences are too much. You will fail to qualify for naturalisation if you fail PR.

If you go for a year to New Zealand, (a) make sure that you are back within a year, to keep the PR clock ticking and (b) make sure that your total absence from the UK is less than 450 days in 2020.

[robin92]

For PR, you need to have less than six months absence in every one of the five qualifying years. One absence of upto one year period is allowed.

For naturalisation, you need to have less than 90 days absence in the year immediately preceding the date of application and less than 450 days in the five years immediately preceding the date of application.

It is possible that you may qualify for PR, but fail naturalisation if your absences are too much. You will fail to qualify for naturalisation if you fail PR.

If you go for a year to New Zealand, (a) make sure that you are back within a year, to keep the PR clock ticking and (b) make sure that your total absence from the UK is less than 450 days in 2020.

Ok so i can stay up to 12 months during the 5 years and up to 450 days and i still meet the requirments for PR?
Even if in NZ Would be a working/holiday time?

Its not included in this situations

any single period of time spent outside the UK of 12 months or less that was for
an important reason including: o pregnancy
o childbirth
o serious illness
o study
o vocational training
o an overseas posting

[robin92]

OK, first understand that PR and naturalisation had completely different requirements. The only thing that they have in common is that you must have PR and must have held it for at least one year before applying for naturalisation. Otherwise, the absence (and other) requirements are different.

For PR, you need to have less than six months absence in every one of the five qualifying years. One absence of upto one year period is allowed.

For naturalisation, you need to have less than 90 days absence in the year immediately preceding the date of application and less than 450 days in the five years immediately preceding the date of application.

It is possible that you may qualify for PR, but fail naturalisation if your absences are too much. You will fail to qualify for naturalisation if you fail PR.

If you go for a year to New Zealand, (a) make sure that you are back within a year, to keep the PR clock ticking and (b) make sure that your total absence from the UK is less than 450 days in 2020.

Another way Would be to follow the maximum absence of 6 months period, do you think is possibile to go for example 5.5 months in a year, than come back to UK say for a week and then go out again for another 5 months , Would be possibile ? If i stay that week in UK,do i have to exercise treaty rights to dont Break the count? If yes that means i should be working/studying or be self Employed?
How the Home Office counts the year ? On blocks of 12 months from my first entrance?
Thanks for any help

[robin92]

Hi, my first entry in UK was in december 2015, so my periods of 12 months should go from demceber to December.
I will leave the country for 11 months this year in September,Can I split the 11 months coming back to UK for 1 week and still qualify ?
I mean

December 2016 to 2017, I would absent from September 2017 to December 2017, that is 3 Months.
Than I stay another 2 months and i will come back in UK at end of January .
If I stay one week in UK and leave again for another period until the end of the period of 6 months?
I will be eligible on December 2020, I have another doubt, can I shift the period of counting instead December ,say March ? I mean when applying for PR , can I wait for example March 2021( instead of December 2020) and consider 5 year period from March 2016 to March 2021? This way I'm able to be absent from September 2017 to February 2018, come back one week or 2 and then leave again for another 5 months, in this case absences would be inside the limit of 6 months every 12 months . But the question is if it possible to shift my qualifying 5 years or not ...
Is that ok ? Does this qualify to be eligible ? Or in that week in UK I have to be a qualified person ? (Working/studying /self employed)?
Thanks

[vinny]

Posts merged.

[vinny]

See also Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) Azerbaijan [2013] UKUT 513 (IAC) (3 October 2013)

[robin92]

See also Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) Azerbaijan [2013] UKUT 513 (IAC) (3 October 2013)

Interesting case, but is very different from mine , this situation is with 22 months of absence a quite long period, my case would be an absence of 11 months that I would like to split to stay under the limit of 6 months absence in 12 months period.
My question is about if I can shift my qualifying 5 years and pick a 5 years my self or this 5 years must commence on my first date of arrival in UK.
I've arrive in December 2015, so my 5 years would end on December 2020, question is, instead of applying on December 2020, will I be able to apply on March 2021, so I have to provide absence period from March 2016 -March 2021 instead of starting on December 2015?
In this case, if I'm absent from September 2017 for 5.5 months and then back for 1 week and leave again for another 5.5, would be back end of Feb 2018 (if my 12 months period ar shifted from March to March ) means that from March 2017 to March 2018 would be 5.5 months of absence , and then from March 2018 I would do another 5.5 months , is this possbile ?
During one week that I back in UK its presence enough or I have to be working /studying , etc ?
Thanks for any help