EEA 4 Residency Broken

[Doo]

Hi,

I am A Non-EU Married to EU National, I am holding a 5 Years RC Jun 2017,
I got offered a job to work on 5 Weeks Rotational basis , 5 weeks In the UK and 5 Weeks in Saoudi ( Drilling Rigs).

Will this result in a broken residency and make me loose my rights to get the PR EEA4 ?

I need your advice Especially John or Obie

[noajthan]

Hi,

I am A Non-EU Married to EU National, I am holding a 5 Years RC Jun 2017,
I got offered a job to work on 5 Weeks Rotational basis , 5 weeks In the UK and 5 Weeks in Saoudi ( Drilling Rigs).

Will this result in a broken residency and make me loose my rights to get the PR EEA4 ?

I need your advice Especially John or Obie

See relevant regulations on continuity of residence & absence from UK:
http://www.eearegulations.co.uk/Latest/ByPage/part1_3

If travelling without spouse you may have to dig into how you will re-enter the UK.

[Doo]

Hi Noajthan and thank you for the reply,

So even the reason of leaving is work related and it is frequent from UK to KSA on regular basis ?

[noajthan]

Hi Noajthan and thank you for the reply,

So even the reason of leaving is work related and it is frequent from UK to KSA on regular basis ?

The regulation says:

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

It doesn't mention any reason (work or otherwise), so there's no allowance for going for work.

You would have to keep careful track to make sure you don't go over the limit.

And be aware, if you ever have plans to apply for the privilege of citizenship, the rules & limits are different for naturalisation.
You would not qualify to naturalise if absent for half of every year;
for example, the permitted limit in final year before applying to naturalise is only 90 days.

[Doo]

Thanks Noajthan for your advice and guidance.

[Doo]

Hi,
I have lived in the UK since 12/2/2012 , was granted 5 years residency on 28/6/2012, when it is best to apply for PR , is is 5 years after 12th of February or 5 years after the 28th ?

Thanks

Daoud

[secret.simon]

When did you marry the EEA citizen? Since when has s/he lived in the UK?

[Doo]

[quote="secret.simon"]When did you marry the EEA citizen? Since when has s/he lived in the UK?[/quote]

we got married soon after i joined her : 17 april 2012 , she started living 2010 and started working 2011, she has already applied for PR and awaiting reply from HO 2 months so far.

[secret.simon]

Provided she has resided in the UK and worked or otherwise exercised treaty rights for five years, you should acquire PR automatically on the fifth anniversary of your marriage. Apply on of after that date.

[Doo]

thx for the reply,

we just received her PR today, and i will apply on 17th of April 2017, Thx for this awesome Forum.