EEA3: 5 consecutive years of residence in the UK

[Irie]

Hi guys! Such an amazing forum you have!

My girlfriend (EEA national - old EU member) tries to calculate the date that she automatically gets her PR (or 'settled') status (with or without having the EEA3) under Treaty Right.

She came to the UK in autumn 2003 for university, then she took a gap year during her studies, when she spent a half year in Spain for studying and another half year in a non-EU country. And I was wondering how that would affect her residence period. Does it mean her residence period have to start from the date she came back from outside the EU?

http://www.bia.homeoffice.gov.uk/euciti ... ropeanlaw/

According to the Home Office website, it says

Permanent residence
After you have lived in the United Kingdom for a continuous period of five years you can apply for confirmation of your permanent residence. You will need to have been living in the United Kingdom and in employment, self-employment, studying or self-sufficient throughout the five year period.

For your residence in the United Kingdom to be considered continuous you should not be absent from the United Kingdom for more than six months each year. Longer absences for compulsory military service will not affect your residence. Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence.

So how does her absence of residence in the UK for more than 6 months affect the calcualtion for the PR status? What could be 'important reasons'? And could somebody give me the end of estimated 5 years valid period please?

It's all in order for me (non-EEA) to apply for the SET(M) under the UK law, rather than the EU law which takes longer for the PR. I am aware that it is possible to simply get the residence card as a family member of the EEA national, but I have no intention of it. Thanks for your help in advance!

[thsths]

She came to the UK in autumn 2003 for university, then she took a gap year during her studies, when she spent a half year in Spain for studying and another half year in a non-EU country.

Was she absent for a whole year, or did she come back to the UK during this year? And was the total absence just under a year or just over a year?

As you said, I think it all comes down to the interpretation of "important reason". "Gap year" does not really sound like it would fall into this category, but it certain depends on the details. Did she work in her field? Is it a recommended (if optional) part of the course?

It's all in order for me (non-EEA) to apply for the SET(M) under the UK law, rather than the EU law which takes longer for the PR. I am aware that it is possible to simply get the residence card as a family member of the EEA national, but I have no intention of it.

I am sure you have investigated the option, but are you aware of the changes proposed for the national immigration track? If they are implemented, the path to citizenship could still be faster, but the time to permanent residence would be the same under both options (5 years). Supposedly they will not be applied retroactively, but this is not confirmed, and I remain sceptical. The EU track offers much greater certainty about the future, I think.

Tom

[Irie]

Thanks Tom. As you advised, I had a look at the new proposal.

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

Under Sections 148, 149 and 150.

Family

2 years Visa -> 1 year Probationary Citizen -> British Citizenship
or
2 years Visa -> 3 years Probationary Citizen -> Permanent Residence

Is that right? Thanks for the advice, really appreciate it.

I will ask my girlfriend about the exact dates, whether it is over or under 1 year. The reasons could fall into 'important reasons', in my opinion, as she was learning other languages (both from EU and non-EU countries), which is relevant to her modern languages undergraduate and postgraduate.

Going back, it says important reasons will not affect your residence. Does it mean it should be autumn 2008 + her absence period? = 2009 autumn?

[thsths]

2 years Visa -> 1 year Probationary Citizen -> British Citizenship
or
2 years Visa -> 3 years Probationary Citizen -> Permanent Residence

Yes, that is the current plan. Nobody can say for sure whether it is going to be implemented like this, and whether it will apply to you.

I will ask my girlfriend about the exact dates, whether it is over or under 1 year. The reasons could fall into 'important reasons', in my opinion, as she was learning other languages (both from EU and non-EU countries), which is relevant to her modern languages undergraduate and postgraduate.

I agree, that sounds very much like a recommended part of the course. Maybe you could get a letter from the supervisor stating this, which should help. However, you may still have to appeal to get your right, and if the absence is longer than 12 months, you are out of luck.

One more thing: if you decide to go for the UK track, you can always switch to European law without restarting the clock. But once you are on the European track, you are committed to it.

Tom