EEA national - On maternity leave outside UK with UK employm

[eea2raheem]

Dear Members,

I have sent the following email to home office and waiting for reply to apply for PR.

Please let me know if any of you have applied for the PR with the same scenario and let me know your experience.

Email to home office:

public.enquiries@homeoffice.gsi.gov.uk

Dear Respected Sir/Madam,

Apologies if I have sent this question to wrong department and please let me know who will be the right person to answer my questions.

I am an EEA national residence in UK since Jul-2011 and I will complete my 5 years continuous residence in UK in Aug-2016.

Before applying for my PR card (permanent residence) in UK I want to confirm my eligibility for the PR based on 5 years continuous residence in UK as a qualified person.

I am on maternity leave (still holding employment in UK) from Oct-2015. I went to India in Oct-2015 for my delivery and I want to spend maternity leave (52 weeks) with my parents in India.

Could you please confirm whether the 52 weeks maternity leave (with UK employment) outside UK will be considered in my 5 years continuous residence in UK as a qualified person to apply for the PR in Aug-2016 or not?

If not please let me know the reason and how long I can stay with my parents in India during my maternity leave without losing my 5 years continuous residence in UK

Please let me know as soon as possible so that I can plan my further maternity leave in UK/India.

Your faithfully,

[eea2raheem]

Looking I am the only EEA creature with this complication with PR application.

Please let me know if any of you/your friends had applied for the PR with this scenario and what is the status for their application.

Thanks

[LilyLalilu]

Absences over 6 months usually break the continuity of residence, however, one exceptional absence of up to 12 months is permitted in exceptional circumstances. The HO names pregnancy and childbirth as these exceptional circumstances, however, maternity leave after the baby is born is not explicitly mentioned so you may break your residence if you are abroad for more than 6 months depending on how the HO see this. To be on the safe side, I would not exceed the 6 months outlined in the EEA regulations.