cindy88 wrote:isn't the limit of absence 450 days over 5 years?
That is the requirement for naturalisation. However, the requirements for PR are different. Continuity of Residence is broken if there is an absence of more than six months in the year. You are allowed "one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting." (
Regulation 3(2)(c))
Note that PR and naturalisation are different processes, under different laws and have different requirements. Naturalisation is
granted (i.e. is not automatic) under the British Nationality Act 1981, a British Act of Parliament. PR is
acquired automatically if specific requirements of
EU Directive 2004/38/EC are met. See Article 16, Paragraph 3 of the Directive for the same requirement as regards continuity of residence.
But because PR is granted by the law itself and not the Home Office, if requirements of the law are met, it also means that if you fail even one requirement, you have failed to acquire PR. In other words, there is no human discretion, no special circumstances, etc.
For PR, you need five continuous years of either exercising treaty rights yourself or being sponsored by a family member (which is restricted to only a spouse or parent or child, not boyfriend) who is either exercising treaty rights or who has PR themselves.
So, for you to acquire PR in your own right before your long break, you will need to have exercised treaty rights in your own capacity between 2007 & 2010. Your husband could only have started sponsoring you after marriage. Before marriage, he may be providing your needs, but that does not count as sponsorship for the purposes of EU law.
If you did not work between 2007 & 2010, you could still be considered as exercising treaty rights if you were either a student or self-sufficient (such as your needs being provided by your boyfriend)
and were covered with
private health insurance (also called CSI) (i.e. not the NHS). Having a non-UK EHIC card for the entirety of that period could be a stand in for the CSI/private health insurance requirement. Some people have reported success by being covered by their partner's work health insurance plans or by their parents health insurance plans in their home countries. You may want to check on them.
So, let's go through your situation bit by bit.
a) Did you work (continuously) between 2007 & 2010?
b) If not, were you covered by private health insurance in that period (see above for alternatives)?
If both (a) and (b) are answered in the negative, your PR clock will only have started back from zero in January 2015.
Make absolutely sure that your husband does not apply for British citizenship before you get your PR (in January 2020, according to my calculations). If he acquires British citizenship, his sponsorship of you under EU law will cease.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
) in Section 17 I must state what ties the main applicant has with country he was born... what am I supposed to write in this table? 
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