When can one apply for PR?

[obormot]

When a non-EU member of EU citizen family can apply for EEA4, permanent residence?
The rule is 5 years, with no more then 180 years outside of UK each year, right?

Our problem is that there were two absences of non-EU member during 1st year - 5 months, and then 2 month, total 7. And they were not for study or illness. Timeline is (approximately):
EU citizen lived and worked in UK full time all the way, on problem.
Non EU applicant (parent of EU citizen) entered UK as family member of EU citizen on FP on July 1 in year X, immediately applied for EEA2, then left UK between December 1 and April 30 (5 months). During that time, in January of year X+1, EEA2 was received by family in UK (on separate paper). Applicant then soon left again for another 2 months (July-August of year X+1). After that applicant lived in UK continuously, with absences of no more then 2-3 months per year.

So 5 years needed for PR will be completed in July of year X+5, but given 7 months of absence in year X to X+1, what should we do? Does this rule of 180 days out max apply to any period of 365days, or only to periods starting the application day?
I.e., if we apply on July 1, year X+5, technically there will be only 5 months of absence in the 1st year five years back, since they will look July 1 year X to July 1 year X+1. And another 2 months will apply to another year. So we will be fine, right?
Or, every period of 365 days counts? In that case, we probably should wait - but until what?
For example, if we apply in January of year X+6, there will be less then 6 moths absence 5 years back (4+2).
But I hear it might be that the day 5 years back from application date should be the day applicant was physically in UK? Then we can only apply in May of year X+6 I guess..
What is the safest way?

Also, the applicant usually travels to homeland for Christmas, so will be returning in January of year X+6, just before or just after EA2 expires. Would it be a problem if we still did not apply for PR? (Applicant holds USA passport, so no issues with airlines/visa)
Also, if we apply for PR, should we include original EEA2 stamp (it is on separate paper, not in the passport)?

Another question:
It is probably the best if EU sponsor applies for EEA3 as soon as possible (to make process of getting EEA4 for dependent easier). EU sponsor came to UK on same day (July 1 year X), but actually worked for UK employer from outside for 3 months before that, from May 1 (was on payroll and getting money). Can sponsor apply 5 years from May 1 year X, or only 5 years from the day of entering UK, July 1 year X ?
I.e. should the day 5 years before application day be the day you are physically in UK?

[noajthan]

When a non-EU member of EU citizen family can apply for EEA4, permanent residence?
The rule is 5 years, with no more then 180 years outside of UK each year, right?

Our problem is that there were two absences of non-EU member during 1st year - 5 months, and then 2 month, total 7.

...

So 5 years needed for PR will be completed in July of year X+5, but given 7 months of absence in year X to X+1, what should we do? Does this rule of 180 days out max apply to any period of 365days, or only to periods starting the application day?
I.e., if we apply on July 1, year X+5, technically there will be only 5 months of absence in the 1st year five years back, since they will look July 1 year X to July 1 year X+1. And another 2 months will apply to another year. So we will be fine, right?
...
What is the safest way?

...

Another question:
It is probably the best if EU sponsor applies for EEA3 as soon as possible (to make process of getting EEA4 for dependent easier). EU sponsor came to UK on same day (July 1 year X), but actually worked for UK employer from outside for 3 months before that, from May 1 (was on payroll and getting money). Can sponsor apply 5 years from May 1 year X, or only 5 years from the day of entering UK, July 1 year X ?
I.e. should the day 5 years before application day be the day you are physically in UK?

Note: You do not apply for PR a person acquires PR automatically if they meet the rules.
It's then optional whether someone applies for a PR card that simply confirms the status - it doesn't grant the status.

Time towards acquiring PR is counted from the anniversary of arrival in UK (not by calendar years)

I think you are confusing a test for naturalisation when you are asking about PR.
The test of whether the applicant was physically present in UK 5 years before application applies to naturalisation not PR.

However automatically acquiring PR (remember it's not 'granted') does require 5 years of continuous residence in UK (with permitted absences), so applicant & sponsor obviously) have to be present on the relevant dates you are using.
Working elsewhere for 3 months won't be counted as someone exercising treaty rights as a qualified person in UK.

[obormot]

Well, I know that formally EEA4 is only a confirmation. However, it is essential for non-EU member of a family to have it, without it there are too many problems - especially when one travels, and even in UK.

However I got what you say - indeed, if an applicant acquires PR on a certain date Z, they can apply later, justifying 5 years just before Z (indeed, I knew it, but did not internalize it! - i was mixing up a bit with naturalization). Thanks!

But still - what are the rules exactly?
To show that one lived in UK for 5 years continuously, one most probably can only count from first day one arrived in UK the earliest, that seems reasonable (even if one worked for UK employer before that).

But now, one needs to be absent in UK for not more then 180 days in each of 5 years, right?
Does it mean not more then 180 days in any period of 12 consecutive months?
Or just in each of 5 periods of 12 months, starting from arrival date?

Assume one arrived July 1 of 2011, then was absent 5 months December 1 2011 till May 1 2012, and then left again for 2.5 months, June 15 till September 1 2012.
Then this person was away less then 180 days in year 1 (only 5.5 months between July 1 2011 and July 1 2012),
and less then 180 days in year 2 (between July 1 2012 and July 1 2013).
Is it OK for continuous residence rules? Does this person acquire PR on July 1 2016?

However, this person was away more then 180 days (7.5 months) in 12-months period between December 1 2011 and December 1 2012. Could this be a problem?
If it is a problem, they only qualify for PR on May 1 2017, 5 years after arrival to UK from that 1st trip abroad, right?