ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Inconsistency between EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
carna
Newly Registered
Posts: 3
Joined: Thu Dec 13, 2018 2:07 pm
United Kingdom

Inconsistency between EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

Post by carna » Thu Dec 13, 2018 2:11 pm

Would love to get clarity on this point. Specially from those who have gotten this clarified with Home office or got legal advice on this.

As I'm preparing my application for Permanent residency, I've come across an inconsistency in EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

When checking EEA (PR): guidance notes version 3.0, this is stated (Section 5):

"Absences from the UK: Please note, you only need to list your absences where you have been out of the UK for more than 6 months in total in any 12 month period."

However, when filling out the actual application form EEA (PR) Version 07/2018, one gets welcomed with the following YES or NO question (Section 5.3):

"5.3 Have you (or has your sponsor, if applicable) had any absences from the UK since you/they entered?

Yes No

If yes, please give details in the tables below. Continue on a separate sheet if necessary and enclose with your application."

And since that is a YES or NO question.... my answer can't be NO, given there have been shorter trips sometimes, sometimes business trips 1 night, 2 days long, even though I have been instructed in the guidance notes to NOT provide details for absences if I haven't been out of the UK for more than 6 months.

Would you please advise? Guess the question in the application form should be sth along the lines of "have you had any absences longer than 6 months from the UK since you / they entered?"

NikiGio
Member of Standing
Posts: 422
Joined: Wed Sep 19, 2018 12:18 pm
Location: London
Mood:
Italy

Re: Inconsistency between EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

Post by NikiGio » Sat Dec 15, 2018 11:58 am

The paper form is not well designed - as per the Guidance Notes, you only need to state absences of 6 months or longer. The online form us better designed in this respect, as it clearly asks if you've had aby absences of 6 months or longer within your 5-year QP.
You may want to state in the notes on the paper form, or in a covering letter, that as per the guidance you're only listing absences of more than 6 months.
I am not an immigration lawyer. My comments are opinions, not legal advice.

Locked