HOW DO UKBA COUNT CONTINUITY OF RESIDENCE?

UKBA appears to say (although maybe not) that they use a calendar year calculation:

Question wrote:1) Continuity of EU-law residence is not broken in EU law by absence of
less than 6 months "per year". How does UKBA interpret "per year"? Is
that a calendar year, a rolling one year window, or something else? I
assume there is a UKBA policy or consistent guidelines.

UKBA wrote:When considering an application for permanent residence UKBA will look
at the relevant five year period that an applicant claims to have
exercised Treaty rights for as a whole and will consider any absences,
within that period. So we would look back at each year of the qualifying
period and consider each year in turn as to whether absences in that
particular year exceeded 6 months. For example, if the qualifying period
runs from 1st Jan 2005 to 1st Jan 2010, we would look at whether each
year from 1st January had more than 6 months absence.

That's good you found an answer from UKBA, but they didn't specifically answer the question about whether it is a calendar year or not.

They were asked directly if it is a rolling year or calendar year or something else, but they don't answer that directly.

They gave an example 1 January to 1 January which would be a year and a day, but it is given as an example.

They don't say it must always be 1 January to 1 January calendar years; it could be they mean rolling one year windows, but they happened to choose 1 January as the start date which would also mirror calendar years.

Rereading what they wrote raises my doubts.

How can it raise doubts? If anything, it clarifies and erases doubts, in my opinion.

The UKBA is very clear. You, the "applicant" are claiming a "relevant five year period" during which you "have exercised Treaty rights for as a whole". UKBA will then "consider any absences, within that period".

So you claim D1 until D2 is your qualifying period, you supply documentation of exercising Treaty rights and then UKBA "look back at each year of the qualifying period and consider each year in turn as to whether absences in that particular year exceeded 6 months".

OK, so how do you consider "each year in turn"? You look at each year of that period. How many years are in that period? Five.

In spite of using an example which doesn't address your doubts (choice of January-to-January as opposed to something nicer like June-to-June), UKBA is making it clear that it's NOT calendar years, it's NOT a rolling window, it's something else: one-year periods of your five-year qualifying period.

If you still disagree, then you'd also have to start attacking UKBA's definitino of a "five-year" qualifying period. Should that mean 5 calendar years too? Of course not. The years are counted based on the start date of the qualifying period.

The question of whether your qualifying period starts on the date of your first arrival in the UK or on some other date is a question for a separate debate.

My 2 cents worth.

Some planets have a shorter year than earth. If you wish, one might try one. First though one has to claim it as Britain for her Majesty the Queen (oh, yes and get there).

A UKBA clarification:

I can confirm that we do not currently have any written guidance to
refer to you on this specific issue. However, I can confirm that the
approach that case workers take in practice is to count annual periods
from the date at which the 5 year period they are relying upon began.
This is consistent with the policy position.

I find it very interesting that they have no written guidance for caseworkers. How are they supposed to learn this stuff and work consistently?

UKBA confirms that they do look at the one year blocks that are anniversaries of the start-date of the 5 year period.

Well done Directive in getting that information from UKBA.

Finally, we have an explanation about how they count the years of exercising Treaty Rights.

You deserve a big pat on the back and a round of applause.


So, if a person stated the first day of exercising treaty rights was 5 May 2006 the five consecutive years would run like this:

5 May 2006 to 4 May 2007

5 May 2007 to 4 May 2008

5 May 2008 to 4 May 2009

5 May 2009 to 4 May 2010

5 May 2010 to 4 May 2011

How you said year is counted from first day that you came to UK but I have another question.
If I am here from let say 5th may 2009. Yes??
Ok
1st year 5.5.2009 to 5.5.2010 out from 10.10.2009 to 24.3.2010 = 5 months 14 days
2nd year 5.5.2010 to 5.5.2011 out from 10.10.2010 to 2.6.2011 = 7 months 23 days but reason is study or pregnancy (which is important reason)
3rd year 5.5.2011 to 5.5.2012 out from 10.10.2011 to 10.02.2012 = 4 months
4th year 5.5.2012 to 5.5.2013 out from 10.10.2012 to 10.01.2013 = 3 months
5th year 5.5.2013 to 5.5.2014 nothing

Is that 7 months ok if i prove that I was study, pregnant or long term ill??