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If an European citizen who already excersing its treaty rights via self sufficiency, who left UK for 6 months then whether EEA national still required to exercise its treaty rights when he is not in uk? And how about if the EEA national after 6 months donot want to come back because getting better job in homeland and during that time Non-EU partner has completed its 5 years years then does that 6 months without of eu national's treaty rights evidences will be counted.

I have almost same kind of query too. Can anyone throw light on it?

6 months absent will be counted against you if the EU national has not been exercising treaty rights in the UK for a continuous period of 5 years before the absence.

I not get your mean. My question is for example an eu national exercised treaty rights for 4 years & 6 months and then for 6 months be away from uk but his non-eu national partner is in UK. Can that non-eu national will be benefited from that 6 months of absence for PR even beyond those 6 months the EU national not return back because doing job in its own country.

See also Babajanov (Continuity of residence - Immigration (EEA) Regulations 2006) Azerbaijan [2013] UKUT 513 (IAC) (3 October 2013).

Thanks for reply Vinny. In short words based on above situation whether the non-eu national will be benefited from 6 months absence or not.

I believe that the EEA national cannot exercise treaty rights in the UK while being absence from the UK.

However, a period absence of less than six months (or more, in limited cases) shouldn't affect the continuity of residence.

Then will that be right to say that once the qualifying period of 5 years which includes (4 years & 6 months + 6 months absence) will be completed then non-eu national can apply PR even EU national still want to be absent further beyond of 6 months.

It is an interesting question. I guess that once the qualifying period of 5 years accomplish then any further absence out of that time frame will be irrelevant. Because usually 6 months absence without evidence or reason is acceptable and counted and if this absence is completing the eligible time of 5 years then from 7th month onward the absence will be out of discussion because 6 months absence has already completed the time.

UKBA HUNTER wrote:It is an interesting question. I guess that once the qualifying period of 5 years accomplish then any further absence out of that time frame will be irrelevant. Because usually 6 months absence without evidence or reason is acceptable and counted and if this absence is completing the eligible time of 5 years then from 7th month onward the absence will be out of discussion because 6 months absence has already completed the time.

i think yes.

Hi, my first entry in UK was in demceber 2015, so my periods of 12 months should go from demceber to December.
I will leave the country for 11 months this year in September,Can I split the 11 months coming back to UK for 1 week and still qualify ?
I mean

December 2016 to 2017 I would absent from September 2017 to December 2017, that is 3 Months.
Than I stay another 2 months and would mean that I back in UK at end of January .
If I stay one week in UK and leave again for another period until the end of the period of 6 months?
Is that ok ? Does this qualify to be eligible ? Or in that week in UK I have to be a qualified person ? (Working/studying /self employed)?
Thanks

robin92 wrote:Hi, my first entry in UK was in demceber 2015, so my periods of 12 months should go from demceber to December.
I will leave the country for 11 months this year in September,Can I split the 11 months coming back to UK for 1 week and still qualify ?
I mean

December 2016 to 2017 I would absent from September 2017 to December 2017, that is 3 Months.
Than I stay another 2 months and would mean that I back in UK at end of January .
If I stay one week in UK and leave again for another period until the end of the period of 6 months?
Is that ok ? Does this qualify to be eligible ? Or in that week in UK I have to be a qualified person ? (Working/studying /self employed)?
Thanks

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