Absences for PR

[Suzannah]

Hi,

My friend is planning to apply for PR. She's been living in UK since 2006 and using first 5 years (2006 - 2011) for her qualifying years. What period does she has to cover in absences, 2006-2011, 2006 till now or other?

Thanks in advance

[Hstepper07]

For the qualifying period - 2006-11, Absences of no more than 6 months within a given yr. Absences of over a continous period of over 2 yr at a given time from 2011 till date.

[GMB]

From EEA(PR) Guidance Notes version 3, April 2017, p.8:
"Please note, you only need to list your absences where you have been out of the UK for more than 6 months in total in any 12 month period. You do not need to list any absences that were before your qualifying period of residence."

So only during the period 2006-2011, and only if any combination exceeded 6 months in any 12 month period. So when I applied in May 2017, despite travelling in and out of the UK monthly, I marked that section N/A and didn't list a single trip as none met the stated criteria. I now have my PR card.

[sifi]

So if you are out 5 months in 1 year and 1 month in second year, does it count as more then 6 months out of the country?
Thank you

[Hstepper07]

So if you are out 5 months in 1 year and 1 month in second year, does it count as more then 6 months out of the country?
Thank you

They dont count total absences in the qualifying period for PR.

[GMB]

So if you are out 5 months in 1 year and 1 month in second year, does it count as more then 6 months out of the country?
Thank you

Forget 'years.' Calendar years are meaningless in this context. The guidance says "in ANY 12 month period." So in your example, if the five months in Year 1 were the last five months of the year (Aug to Dec) and the one month in the second year was January, then that would be six months in a 12 month period, the period being from the beginning of August Year 1 to the end of January Year 2.

[Adikayani]

Hey my friend my is same question im nun eea family mumber.my wife already get pr and knw I’m apply but I’m confused about question 5.3 any absences.because once I go to Pakistan my back home for 28 days and we go for 7 days holidays for Spain.so I need to mention these dates applaction form or not .my solicter said u mention these dates.but I read Guideline (you only need to list your absence when you have been out of the uk for more than 6 month in total in any 12 month.plz plz any one help me thx u

[GMB]

You're free to report every time you were outside the UK if you want to, but doing so is not a requirement unless it meets the "6 mo. in any 12 mo. period" threshold, despite what your solicitor says (have him/her read the Guidance Notes). Personally I avoid providing any information beyond what they ask for, and I would never provide anything they specifically tell me not to provide. Why give them things they didn't ask for when it can only be used against you? During my five-year qualifying period I spent 569 days outside the UK. But on my application I marked that section N/A and moved on.

[Adikayani]

You're free to report every time you were outside the UK if you want to, but doing so is not a requirement unless it meets the "6 mo. in any 12 mo. period" threshold, despite what your solicitor says (have him/her read the Guidance Notes). Personally I avoid providing any information beyond what they ask for, and I would never provide anything they specifically tell me not to provide. Why give them things they didn't ask for when it can only be used against you? During my five-year qualifying period I spent 569 days outside the UK. But on my application I marked that section N/A and moved on.

Hey GMB thanks to your replay.so I thk I’m not mentioned theses days.can u plz tell me r u eea citizens or nun eea family mumber?

[GMB]

I am a non-EEA national.