Residency calculator and absences

[Sam2025]

Hi,
I have looked through other similar cases discussing residency calculator and reckonable residence which has been helpful. However, I want to be sure of the below.

First stamp given at the port of entry for the purpose of 'Registration' of non-EU family member of EU citizen. Before the expiry of this stamp, EUTR application was submitted. The required documentation and clarifications took some time amidst COVID delays so EUTR Stamp4 was delayed but approved in August 2020 (approx 10 months) after the EUTR application submission.

So for Residency calculator, is it ok use the arrival date stamp, and also include the EUTR application waiting period as technically the application was submitted before the expiry date of registration stamp. We dont want to lose 10 months as throughout that period, the residency must surely count even if the approval only came 10 months later?

Thanks again in advance for sharing your views and experiences of this.

[Sam2025]

Hi,
For the purpose of the residency calculator, it is only listed as a total of 1825/1826 days. And in the last year counted towards continuous residence, a 70 day absence threshold applies.

In some threads, I have noticed that some are inferring the 70 days absence per year even for years 1-4. I couldn't find any documentation or guidance related to this. I am presuming that an absence of 70 days per year is an acceptable number to assume for other years also because of this being listed for the final year?

If each year had less than 70 days absence then it's ok to count 365 towards that year? Or should the absences say 60 for example, be reduced from the 365 and only count as 305 days for that year?

I couldn't find any guidance documents around the absences for other years - so is it safe to assume that a reasonable number of absent days along with justifications of absence for each year should be sufficient?

Please advise if you had a similar situation and how you applied?

Best regards,

[Vadrar]

The relevant legislation is clear that any absences less than 70 days in a 365 period equate to continuous residency and can be counted as 365 for residency calculator. The only difference between years 1-4 and 5 is that you can make up missing residency days in years 1-4 by simply delaying application. You can’t do that in the last year because submission stops the clock at the day of submission, so needs to be compliant at the time of submission.

Any days of absence over 70 in a 365 period need to be made up in entirety, the 70 day grace period is lost. Any absences below 70 days don’t need to be made up at all.

The 365 day period is counted backwards from day of submission.

[Vadrar]

For your first question I’ve seen the department decide both ways (pre card counted and pre card didn’t count) for the Covid period.

Given documents are being checked much more quickly with online applications, I’d be tempted just to submit with an explanation. Worse case scenario you are told they won’t accept fairly quickly (in comparison to recent history of processing) and you lose 175 and apply again in 10 months. Best case scenario they accept.