EEA PR APPLICATION Allowed absence from uk

[elocin]

Dear members,

It woudl be great to get some clarification on this matter as am unsure. I called the EEA helpline at the Home Office today and they told me that you are only allowed 90 days per year to be out of the UK, however on your FAQ, it states 6 months per calendar year? Also according to legislation.gov.uk website it states the following:

Continuity of residence

3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.

(2) Continuity of residence is not affected by —

(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;

Could you please be so kind as to confirm what the criteria is for absences from the UK within the 5 year period when making an EEA PR Application.

Thank you and kind regards...

[noajthan]

Dear members,

It woudl be great to get some clarification on this matter as am unsure. I called the EEA helpline at the Home Office today and they told me that you are only allowed 90 days per year to be out of the UK, however on your FAQ, it states 6 months per calendar year? Also according to legislation.gov.uk website it states the following:

Continuity of residence

3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under regulation 5(1) and regulation 15.

(2) Continuity of residence is not affected by —

(a)periods of absence from the United Kingdom which do not exceed six months in total in any year;

Could you please be so kind as to confirm what the criteria is for absences from the UK within the 5 year period when making an EEA PR Application.

Thank you and kind regards...

You have jumbled the naturalisation absence rules with EEA rules on maintaining continuity of residence in UK

The privilege of citizenship & acquiring PR are governed by 2 different pieces of legislation. And 2 sets of rules on absences.

90 days absence in final year (& etc) is for naturalisation.

6 months absence (per year) is in relation to acquiring PR.

[elocin]

Thank you noajthan

Much appreciated, clear now.

[hegilento]

hello , i have some question as an EEA HUN member
about bsence ,

i come to the uk in 2010 jul than the following 4,5 years were absolutely fine regarding of absence few weeks of yearly, however in the end of 2014 i started to go back to Hungary and stay 1 month than come back to work to the uk . so im literaly srewed up my absence. so the question is , if my absence more than allowed in the last 6 years and last 90 day ect... lets say im going to stay in the uk from now ... shall i count 6 years again till new application or after 2-4 years ( summ 8-10 years ) can i apply ???? of course if we leave the uk that will be painfull in any way.. :/

thank u for the answer in advance

J

[noajthan]

hello , i have some question as an EEA HUN member
about bsence ,

i come to the uk in 2010 jul than the following 4,5 years were absolutely fine regarding of absence few weeks of yearly, however in the end of 2014 i started to go back to Hungary and stay 1 month than come back to work to the uk . so im literaly srewed up my absence. so the question is , if my absence more than allowed in the last 6 years and last 90 day ect... lets say im going to stay in the uk from now ... shall i count 6 years again till new application or after 2-4 years ( summ 8-10 years ) can i apply ???? of course if we leave the uk that will be painfull in any way.. :/

thank u for the answer in advance

J

There is no 90-day absence rule under EU rules

The limit before breaking continuity of residence (under EU rules) is 6 months. (12 months is permitted in certain circumstances).

Suggest open a new thread & post more details of your case for a clearer answer.

[Saladin0011]

Lets say that you come to uk 1.5.2010 OK?
Your qualification year is counting from that day for next 365 days = 1.5.2010 - 1.5.2011 and so on for next 5 years.
In this year you can be out from UK for 180 days and still be eligible for PR after 5 years.
5x180=900 days in total BUT.... If you want apply for citizenship then after gaining your PR you have to stay another year. This year you can leave UK only for 90 days... So now you are in UK for 6 years all together... BUT....... In last 5 years you can be out from UK ONLY for 450 days and this include 90 days during your last year.
1.5.2010 - 1.5.2011 = 180 days
1.5.2011 - 1.5.2012 = 180 days
1.5.2012 - 1.5.2013 = 180 days
1.5.2013 - 1.5.2014 = 180 days
1.5.2014 - 1.5.2015 = 180 days = PR
1.5.2015 - 1.5.2016 = 90 days = this is not citizenship because you are from 1.5.2011 - 1.5.2016 out from uk for 730 days and you can be only 450

[hegilento]

Lets say that you come to uk 1.5.2010 OK?
Your qualification year is counting from that day for next 365 days = 1.5.2010 - 1.5.2011 and so on for next 5 years.
In this year you can be out from UK for 180 days and still be eligible for PR after 5 years.
5x180=900 days in total BUT.... If you want apply for citizenship then after gaining your PR you have to stay another year. This year you can leave UK only for 90 days... So now you are in UK for 6 years all together... BUT....... In last 5 years you can be out from UK ONLY for 450 days and this include 90 days during your last year.
1.5.2010 - 1.5.2011 = 180 days
1.5.2011 - 1.5.2012 = 180 days
1.5.2012 - 1.5.2013 = 180 days
1.5.2013 - 1.5.2014 = 180 days
1.5.2014 - 1.5.2015 = 180 days = PR
1.5.2015 - 1.5.2016 = 90 days = this is not citizenship because you are from 1.5.2011 - 1.5.2016 out from uk for 730 days and you can be only 450

Thank you noajthan and Saladin0011 for the quick reply ,

if i count my absence from 1.5.2010 - 1,5,2015 i was less than 60 days away in each year so i dont get your 730 vs 450 counting but over all im over 450 in the last 5-6 years so thats the point . in 2015 i might not breached the 180 day that may could allowe me to apply for PR .

my originginal guestion was once u breach the 450 days in the 5-6 years period to gain citizenship or 750 for PR do i have to count my absence again in the following 5-6 years till 2022 to be able to apply for citizenship ? or the 5-6 years requirement is shifting ? like in 2018 i have to prove absence from 2011- 2012 .

thank u for you answer in advance

J