EEA2 Visa living abroad

ice_breaker · Post by **ice_breaker** » Wed Jan 11, 2017 4:37 pm

Hi there,

Just a quick question

I obtained an EEA2 permit in Jan 2014. I have been working abroad but visiting UK frequently to see my family. I applied for the PhD program at this university. Based on my application and after a contact with UKVI the University suggest me to apply for short term study visa as I am returning to UK for study purpose.

My family lives here in UK and I have been visiting them frequently. I have an active UK account and plans to register myself as self employed.

Do you think I still need short term study visa?

noajthan · Post by **noajthan** » Wed Jan 11, 2017 4:40 pm

What's your nationality?
How long have you stayed out of UK (longest time)?
Do you have an EEA sponsor? if so , where are they?

ice_breaker · Post by **ice_breaker** » Wed Jan 11, 2017 5:39 pm

noajthan wrote:What's your nationality?
Pakistan
How long have you stayed out of UK (longest time)?
6 months
Do you have an EEA sponsor? if so , where are they?

EEA sponsor is Norwegian, lives and travel between Norway and UK.

We both are self sufficient and hold CSI for both.

Casa · Post by **Casa** » Wed Jan 11, 2017 6:14 pm

noajthan wrote:What's your nationality?
How long have you stayed out of UK (longest time)?
Do you have an EEA sponsor? if so , where are they?

ice_breaker · Post by **ice_breaker** » Wed Jan 11, 2017 6:53 pm

Casa wrote:
noajthan wrote:What's your nationality?
Pakistan
How long have you stayed out of UK (longest time)?
6months
Do you have an EEA sponsor? if so , where are they?
lives in UK and Norway, at the moment in Norway for medical reason.

noajthan · Post by **noajthan** » Wed Jan 11, 2017 7:01 pm

You cant normally reside in UK without your sponsor and 6 months away will break continuity of residence.
You would have to return to UK with sponsor in such a case.

secret.simon · Post by **secret.simon** » Wed Jan 11, 2017 7:04 pm

Absences of a total of more than six months a year out of the UK break continuity of residence. You are allowed one 1-year absence for emergencies, pregnancy, etc.

So, if you have spent a single long absence of six months outside the UK and then also had other absences, your continuity of residence has been broken and your PR clock will have been reset to zero.

See Regulation 3(2).

Also, your EEA spouse must maintain his/her continuity of residence in the UK for you and him/her to qualify for PR. If s/he breaks continuity of residence, both his/her and your PR clocks are reset to zero.

ice_breaker · Post by **ice_breaker** » Wed Jan 11, 2017 7:08 pm

secret.simon wrote:Absences of a total of more than six months a year out of the UK break continuity of residence. You are allowed one 1-year absence for emergencies, pregnancy, etc.

So, if you have spent a single long absence of six months outside the UK and then also had other absences, your continuity of residence has been broken and your PR clock will have been reset to zero.

See Regulation 3(2).

Also, your EEA spouse must maintain his/her continuity of residence in the UK for you and him/her to qualify for PR. If s/he breaks continuity of residence, both his/her and your PR clocks are reset to zero.

Thanks for the reply. So the university is right asking me to get a short term study visa?

secret.simon · Post by **secret.simon** » Wed Jan 11, 2017 7:16 pm

Well, it depends. It is not required if your EEA spouse and you stay in the UK for more than six months in a year. When is the course starting?

Your PR clock will have been broken by your long absences, but that does not affect your right to study in the UK at home student rates.

ice_breaker · Post by **ice_breaker** » Wed Jan 11, 2017 7:19 pm

secret.simon wrote:Well, it depends. It is not required if your EEA spouse and you stay in the UK for more than six months in a year. When is the course starting?

Your PR clock will have been broken by your long absences, but that does not affect your right to study in the UK at home student rates.

Course starts on 1st Feb. with overseas fees status.

secret.simon · Post by **secret.simon** » Wed Jan 11, 2017 7:27 pm

I think you would be eligible for home student rates.

England: fee status wrote:In order to qualify for 'home' fees under this category, you must meet all of the following criteria:
a) on the first day of an academic year of your course, you must be:
an EU national; or
the relevant family member of a non-UK EU national, and that non-UK EU national is in the UK as a self sufficient person or as a student; or
the relevant family member of a UK national;
and
(b) you must have been ordinarily resident in the EEA and/or Switzerland and/or the overseas territories for the three years before the first day of the first academic year of the course (if you have not, see the Special Provision below); and
(c) the main purpose of your residence in the EEA/Switzerland (or the overseas territories if applicable) must not have been to receive full-time education during any part of the three-year period (if you have not, see the Special Provision below).

I do not know if you meet requirement (c).

I think you should go back to the University and attempt to persuade them that you are a home student.

Remember that your rights are based on that of your EEA spouse. So make sure that s/he has agreed to move to the UK.

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EEA2 Visa living abroad

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