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If Ireland says that, then they are wrong 100% and would certainly be expecting more rulings similar to that of Metock.robby1 wrote:would he/she not be eligible for applying PR six months prior to 5 years as in rep of ireland .
Automatic PR status is subject to the residential qualifying requirements for both EU citizen and non-EEA spouse - 5 years of continuous UK residence with no more than 6 months outside the UK in each year; 1 year absences considered only in exceptional circumstances like: childbirth, studying, military service e.t.c..Directive/2004/38/EC wrote: Plum, why do you say "and you both continuously reside in the UK up till then."???
Actually the rule is no absence should be more than 6 months, which is less restictive than 6 months per year.Plum70 wrote:Automatic PR status is subject to the residential qualifying requirements for both EU citizen and non-EEA spouse - 5 years of continuous UK residence with no more than 6 months outside the UK in each year; 1 year absences considered only in exceptional circumstances like: childbirth, studying, military service e.t.c..
Directive 2004/38/EC, Article 11 wrote:2. The validity of the residence card shall not be affected by temporary absences not exceeding six months a year, or by absences of a longer duration for compulsory military service or by one absence of a maximum of twelve onsecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.