PR - Absences (business reasons)

[jimmyss04]

Hi,

I've been reading few topics in this forum about absences and now I'm a bit confused. I'm a EU citizen, living in the UK almost for 5 years (2 months left), been working since day 1, in two different companies, couple days gap in between.

When I was in my previous company I used to travel to many EU countries for business reasons (meetings, projects...), probably I was traveling 70% of the time.

My questions are:
1. Does business travel count as absence?
2. I can't remember all my business trips (dates), and have no access to the email system from previous company. What are my options? I've seen people requesting SAR, there are two types of the Standard and Fast track, can I use any of them for what I need? A friend of mine told me to get a letter from employer stating that my role involved +70% of travel, will this be enough?

Thanks in advance!

[secret.simon]

Remember that it is EU law (Directive 2004/38/EC) that grants you PR, not the Home Office. It is the conditions in the law that must be met for you to acquire PR. The Home Office has no discretion in EU law.

That law does not distinguish between types of absences. It does allow you a single one-year absence for important reasons such as pregnancy, childbirth, serious illness or posting in another Member State.

If you have been absent from the UK for about 70% of the time on average, I believe that you have not acquired PR under EU law.

[jimmyss04]

Remember that it is EU law (Directive 2004/38/EC) that grants you PR, not the Home Office. It is the conditions in the law that must be met for you to acquire PR. The Home Office has no discretion in EU law.

That law does not distinguish between types of absences. It does allow you a single one-year absence for important reasons such as pregnancy, childbirth, serious illness or posting in another Member State.

If you have been absent from the UK for about 70% of the time on average, I believe that you have not acquired PR under EU law.

Thanks for your reply, but are you saying that even if I'm working and paying taxes in the UK (UK based company) this doesn't mean I'm living in the UK?

[secret.simon]

The law is interested in absences from the country, not it's reasons. If you have been absent from the country for more than six months in a year, you have not acquired PR.

[jimmyss04]

The law is interested in absences from the country, not it's reasons. If you have been absent from the country for more than six months in a year, you have not acquired PR.

Thanks

[jimmyss04]

After thinking about my travel pattern, I remember that some of the travels were short ie. 3days (inclusive day leaving and day returning). I've been told that this would count as 1 day instead of 3.

As I can't remember my travel history and I don't have access to emails (previous company), I think it would be an option to request a SAR and find out exactly what is in there. I've checked the SAR_form_dec_2016 and I'm not sure which records to request, can anyone help?

Below are the options:
Section 2 - Details of information required: please complete Part A or Part B (mandatory)
Part A - Records Requested

Please tick the records you require. We will only send you the data that you have requested that we hold on our records.

1. Printouts from our computerised casework database (this will
include some caseworker notes, a summary of immigration
history, decisions, appeals. This is not a complete copy of your
Home Office file e.g. this means it does not include documents you sent to us)

2. Home Office files (including Port, NASS)

3. Work Permit

4. Visa Application Forms (out of country applications)

5. Detention Records (including removal escort data)

6. Landing Cards

Part B Specific Data

If you have not ticked any of the boxes in Part A above, please specify the records you require. Please be aware that this will be the only information which you will be sent under this request.

I'm not sure which boxes will give me the information that I need (travel history), or if I choose Part B, what should I ask for.

Thanks again

[jimmyss04]

Please can anyone help?

Thanks!

[jimmyss04]

Hi,

I was thinking about it, and probably I can fill section B with something like:

"Please provide my complete personal information, ie. All data that is held about me. I would also need all my travel history, ie. Entries/exits from/to the UK"

Do you guys think this will do? I've seen a lot of people have applied for this but none have provided (or I wasn't able to find it) what exactly they have requested in order to get their travel history.

Thanks in advance.

[jimmyss04]

Hi,

Please can anyone clarify if I will get entry/exit dates if I request the SAR this way? Otherwise what is the correct way of requesting?

THanks