Six months absence and treaty rights

[Universal soldier]

If an European citizen who already excersing its treaty rights via self sufficiency, who left UK for 6 months then whether EEA national still required to exercise its treaty rights when he is not in uk? And how about if the EEA national after 6 months donot want to come back because getting better job in homeland and during that time Non-EU partner has completed its 5 years years then does that 6 months without of eu national's treaty rights evidences will be counted.

[Miracle need]

I have almost same kind of query too. Can anyone throw light on it?

[dalebutt]

6 months absent will be counted against you if the EU national has not been exercising treaty rights in the UK for a continuous period of 5 years before the absence.

[Universal soldier]

I not get your mean. My question is for example an eu national exercised treaty rights for 4 years & 6 months and then for 6 months be away from uk but his non-eu national partner is in UK. Can that non-eu national will be benefited from that 6 months of absence for PR even beyond those 6 months the EU national not return back because doing job in its own country.

[vinny]

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

[Universal soldier]

Thanks for reply Vinny. In short words based on above situation whether the non-eu national will be benefited from 6 months absence or not.

[vinny]

I believe that the EEA national cannot exercise treaty rights in the UK while being absence from the UK.

However, a period absence of less than six months (or more, in limited cases) shouldn't affect the continuity of residence.

[Universal soldier]

Then will that be right to say that once the qualifying period of 5 years which includes (4 years & 6 months + 6 months absence) will be completed then non-eu national can apply PR even EU national still want to be absent further beyond of 6 months.

[UKBA HUNTER]

It is an interesting question. I guess that once the qualifying period of 5 years accomplish then any further absence out of that time frame will be irrelevant. Because usually 6 months absence without evidence or reason is acceptable and counted and if this absence is completing the eligible time of 5 years then from 7th month onward the absence will be out of discussion because 6 months absence has already completed the time.

[sheraz7]

It is an interesting question. I guess that once the qualifying period of 5 years accomplish then any further absence out of that time frame will be irrelevant. Because usually 6 months absence without evidence or reason is acceptable and counted and if this absence is completing the eligible time of 5 years then from 7th month onward the absence will be out of discussion because 6 months absence has already completed the time.

i think yes.

[robin92]

Hi, my first entry in UK was in demceber 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 would mean that I 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?
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

[Casa]

Hi, my first entry in UK was in demceber 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 would mean that I 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?
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

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