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Posted: **Sun Oct 09, 2016 12:28 pm**

Hello,

I'm currently in the process of preparing for my application for EEA Permanent Residence.

I'm Italian and I came to UK on 11th Sep 2011. I have been continously employed since 12th Sep. 2011 up to now. However, I'm having challenges in interpreting Section 5 of the EEA(PR) application, where it states that we need to list all the absences from the UK.

2 years ago I joined a consultancy company that does business with clients in Europe and world-wide, so I ended up travelling for business quite often.

My main concerns are now:
- Do we also need to list short absences for holidays or work (e.g. between 1 and 15 days)?
- Do business travels break the continuity of Permanent Residence?

I have attached below the list of all the travels I have done for personal or business reasons over the past 5 years. Please can you help me understand if this will cause any issues with the application?

I'm also thinking of getting my current employer confirming in writing the reasons for my business travels and attach it to the PR application. Will this be a good idea?

Code: Select all

Country VisitedDepartureReturn# of daysReason
Italy22/09/1127/09/114PERSONAL
Italy23/12/1102/01/129PERSONAL
Italy04/04/1211/04/126PERSONAL
Italy21/06/1201/07/129PERSONAL
Italy21/07/1225/07/123PERSONAL
Ireland30/11/1202/12/122PERSONAL
Italy20/12/1206/01/1316PERSONAL
Italy16/02/1318/02/131PERSONAL
Italy27/04/1328/04/130PERSONAL
Italy01/06/1308/06/136PERSONAL
Ireland13/06/1317/06/133PERSONAL
Italy24/09/1330/09/135PERSONAL
Italy05/12/1311/12/135PERSONAL
Italy13/03/1417/03/143PERSONAL
Italy17/04/1428/04/1410PERSONAL
Norway20/05/1423/05/142BUSINESS
Spain02/06/1406/06/143BUSINESS
USA04/08/1410/08/145BUSINESS
Italy06/09/1414/09/147PERSONAL
Switzerland05/10/1410/10/144BUSINESS
Germany20/10/1423/10/142BUSINESS
Italy24/11/1427/11/142BUSINESS
Sweden10/12/1411/12/140BUSINESS
Italy21/02/1523/02/151PERSONAL
Italy03/04/1512/04/158PERSONAL
USA19/04/1524/04/154BUSINESS
Belgium27/04/1530/04/152BUSINESS
Netherlands11/05/1515/05/153BUSINESS
Denmark17/06/1519/06/151BUSINESS
Denmark21/06/1526/06/154BUSINESS
India13/07/1523/07/159BUSINESS
Denmark31/08/1504/09/153BUSINESS
Denmark07/09/1510/09/152BUSINESS
Denmark14/09/1518/09/153BUSINESS
Denmark21/09/1521/09/152BUSINESS
Denmark28/09/1502/10/153BUSINESS
Denmark05/10/1508/10/152BUSINESS
Denmark12/10/1515/10/152BUSINESS
Denmark19/10/1522/10/152BUSINESS
Denmark26/10/1528/10/151BUSINESS
Italy19/12/1502/01/1613PERSONAL
USA01/02/1607/02/165BUSINESS
Italy23/03/1629/03/165PERSONAL
Italy08/04/1610/04/161PERSONAL
Italy20/05/1623/05/162PERSONAL
Netherlands02/06/1603/06/160BUSINESS
Italy25/06/1602/07/166PERSONAL
Italy09/07/1612/07/162PERSONAL
Italy09/07/1612/07/162PERSONAL
Spain17/09/1624/09/166PERSONAL
--------------------------------------------------
TOTAL 199

Thank you!

Posted: **Sun Oct 09, 2016 12:34 pm**

List all absences from UK, whether for business or personal/vacation reasons.

Absence of over 6 months (in total) in a 12 months period breaks continuity of residence and resets the PR clock.

Posted: **Sun Oct 09, 2016 12:54 pm**

Thanks for your answer.

I'm still confused on how the 12 month period is calculated though.

Since my residence starts from 11th Sep 2011, will each 12 month period run form 11th Sep to 10th Sep?

Also the EEA Regulations states that:

Continuity of residence is not affected by any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

Will my travels for business reasons count towards resetting the PR clock?

Posted: **Sun Oct 09, 2016 1:02 pm**

e-migrant wrote:Thanks for your answer.

I'm still confused on how the 12 month period is calculated though.

Since my residence starts from 11th Sep 2011, will each 12 month period run form 11th Sep to 10th Sep?

Also the EEA Regulations states that:

Continuity of residence is not affected by any one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
Will my travels for business reasons count towards resetting the PR clock?

My understanding is 12 months runs from anniversary of arrival in UK.

A one-off of up to one years absence is permissible for justifiable reason.
Random trips over different years contribute to the 6 months rule (per 12 months).

Posted: **Sun Oct 09, 2016 5:53 pm**

You dont need to explain or confirm reasons .
In fact you dont even have to list all absences, it suffices in my experience if you include a declaration that you confirm that you have not left the UK for more than short trios and holidays.
People who tell you to list all absences and count 5 years backward and days out of each 12-month period, are thinking too much about rules applied to non-EU applications.

Posted: **Sun Oct 09, 2016 7:01 pm**

Clearly someone who is frequently out of UK needs to show not only that they have acquired the holy grail of PR but also that they have not lost it due to subsequent absence.

That is nothing to do with UK domestic law, its all about the letter and spirit of the Directive.
On top of that the innocent applicant may have to contend with how a caseworker implements the UK EEA Regs.

Posted: **Mon Oct 10, 2016 5:24 pm**

Okay. Thank you for the answers.
I've finally come up with the complete list of travels I've done over the past 5 years. It was a very hard task!

On average, I spent between 30 and 50 days out of UK in each 12 month period.

However, I'm unsure at this point if include the declaration or the entire list of travels, as I can't see what would make my case stronger...

Posted: **Mon Oct 10, 2016 9:04 pm**

I've listed every single trip out of the UK and the most was about 100 days in a year.

It was easy to track on Non-Eu passport because we get stamps everywhere we go.

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