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Continuity of residence for PR application

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

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a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

Continuity of residence for PR application

Post by a.s.b.o » Sun Jul 10, 2016 2:15 pm

A simple question but I am confused.

Citizenship: Ireland, resident in NI, starting the qualifying period from 2011.

Continuity of residence is not broken if absent for no longer than 6 months. So, residing in UK for 6 months counts as maintenance of residence. So if I submit proof of residence and of earnings, will the controversial PET/MET test be applied for these 6 months or the full 12 months (e.g. £150 X 24, OR £150 X 48)????

Any suggestions are welcomed. This BREXIT thing came completely unexpected so a plan needs to be put in place lol

PS So the question derives from the fact that I was absent from UK due to fieldwork and academic projects in host universities but I have a solid proof of being absent from UK for no longer than 5 months in a year (in 1 year, significantly shorter in others). Cheers

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Continuity of residence for PR application

Post by noajthan » Sun Jul 10, 2016 2:34 pm

a.s.b.o wrote:A simple question but I am confused.

Citizenship: Ireland, resident in NI, starting the qualifying period from 2011.

Continuity of residence is not broken if absent for no longer than 6 months. So, residing in UK for 6 months counts as maintenance of residence. So if I submit proof of residence and of earnings, will the controversial PET/MET test be applied for these 6 months or the full 12 months (e.g. £150 X 24, OR £150 X 48)????

Any suggestions are welcomed. This BREXIT thing came completely unexpected so a plan needs to be put in place lol

PS So the question derives from the fact that I was absent from UK due to fieldwork and academic projects in host universities but I have a solid proof of being absent from UK for no longer than 5 months in a year (in 1 year, significantly shorter in others). Cheers
Great question.
The answer is not clear. Especially as applying PET/MET in the EU migration context goes way above and beyond EU law.

I would vote for income earned during time spent working in UK; after all absences due to pregnancy or military service would not necessarily be paid for by an existing employer and, in the case of study leave, there may not be an 'employer' per se.
However yours may be the acid test case.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

Re: Continuity of residence for PR application

Post by a.s.b.o » Sun Jul 10, 2016 11:29 pm

noajthan wrote:
a.s.b.o wrote:A simple question but I am confused.

Citizenship: Ireland, resident in NI, starting the qualifying period from 2011.

Continuity of residence is not broken if absent for no longer than 6 months. So, residing in UK for 6 months counts as maintenance of residence. So if I submit proof of residence and of earnings, will the controversial PET/MET test be applied for these 6 months or the full 12 months (e.g. £150 X 24, OR £150 X 48)????

Any suggestions are welcomed. This BREXIT thing came completely unexpected so a plan needs to be put in place lol

PS So the question derives from the fact that I was absent from UK due to fieldwork and academic projects in host universities but I have a solid proof of being absent from UK for no longer than 5 months in a year (in 1 year, significantly shorter in others). Cheers
Great question.
The answer is not clear. Especially as applying PET/MET in the EU migration context goes way above and beyond EU law.

I would vote for income earned during time spent working in UK; after all absences due to pregnancy or military service would not necessarily be paid for by an existing employer and, in the case of study leave, there may not be an 'employer' per se.
However yours may be the acid test case.
Thank you, I am glad that I am threading alongside your thinking.

So, I guess in my cover letter I need to spell out explicitly that I was absent for no longer than 6 months per years and hence, continued my residence for the entire 5 year period. I then provide evidence of earnings and let them do the maths?!

One more question please. Given that self-employment is patchy (patches of fat years followed by patches of lean ones), it does not have to be week-by-week in order to claim that I meet PET/MET test in my earnings? That is to say that if I earned 7k over the employment/self-employment over the 7 months and some months were more plentiful (while others may not), then it would meet the requirements of the overall earnings for the period, as opposed to pro-rata? Forgive me if I am dwelling on obvious, I am very confused at the moment.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Continuity of residence for PR application

Post by noajthan » Sun Jul 10, 2016 11:46 pm

a.s.b.o wrote:One more question please. Given that self-employment is patchy (patches of fat years followed by patches of lean ones), it does not have to be week-by-week in order to claim that I meet PET/MET test in my earnings? That is to say that if I earned 7k over the employment/self-employment over the 7 months and some months were more plentiful (while others may not), then it would meet the requirements of the overall earnings for the period, as opposed to pro-rata? Forgive me if I am dwelling on obvious, I am very confused at the moment.
Not working for HO I don't know the nitty gritty of how the somewhat controversial PET/MET tests are applied to hard-working Union citizens on the EU migration route.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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