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Severe illness absence Permanent Residence
Posted: Wed Dec 28, 2016 10:52 pm
by starzec
I'm an EEA citizen and I have always been under the 6months threshold.
Unfortunately this year I became severely ill and left the UK on the 22nd of February and still haven't returned.
It will take at least another couple of months until I'm back to normal health but I would still like to be able to get my permanent residence in the UK.
From the guide to EEA I can read
For your residence in the United Kingdom to be considered continuous, you should not be absent from the United Kingdom for more than six months each year. Longer absences for compulsory military service will not affect your residence. Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence.
Few questions:
- Would visiting the UK for a few days shortly before the 22nd of February 2017 {Is this how the 12 months are calculated by the way, the same calendar date of the following year?} allow me another 6 months {or at least 3-4 assuming that the 6 months per year limit is based on calendar year} of absence?
- When I visit the UK in February again I will just spend a few days there and I presume that I will need to acquire CSI insurance for those days. Am I right? How can I get the proper CSI insurance for those few days? Do I need one at all or is it sufficient to just visit as a tourist to extend my absence and still be able to get my PR later?
Many thanks.
Re: Severe illness absence Permanent Residence
Posted: Wed Dec 28, 2016 11:03 pm
by noajthan
Year runs from anniversary of entry into UK.
Rock solid evidence of dates of absence and reason for absence will be required.
CSI from providers in the market.
Note only one single absence for exceptional reason is permitted - not one 'per year'.
Re: Severe illness absence Permanent Residence
Posted: Wed Dec 28, 2016 11:15 pm
by starzec
Thank you for your reply noajthan.
I guess the main question I have is that right after a 12 months long absence {only one occasion during the qualifying period} just a few short days of stay in the UK can I still be away for another 6 months? I assume that it should be fine. Please correct me if I'm wrong.
The first date of entering the UK was sometime in January. In this case the 12 months block of absence will be calculated from January 2016 to January 2017 or still from Feb 2016 to Feb 2017 the way it actually is? This part is a bit confusing. The guidelines say a single absence of 12 months. In this case the dates don't seem to be relevant.
Re: Severe illness absence Permanent Residence
Posted: Thu Dec 29, 2016 12:35 am
by noajthan
Absences of up to 6 months in the 12 month period don't need explaining.
I don't know if you can bolt on an 'exceptional' 12 month absence on top.
It will depend how caseworker views the case, the reason/s and the evidence.
But if you are well enough to travel back why not stay?
Re: Severe illness absence Permanent Residence
Posted: Fri Dec 30, 2016 8:56 pm
by starzec
I may stay. It will depend on how good or bad I will feel in terms of my health.
Would an EHIC card be an acceptable form of CSI instead of a private health insurance for a few days considering that I would like to obtain PR in the future? As far as I know if you're using and EHIC card you need to declare that you only wish to stay in the UK temporarily. When do you need to declare it?
How does that work?
Re: Severe illness absence Permanent Residence
Posted: Fri Dec 30, 2016 8:58 pm
by noajthan
starzec wrote:I may stay. It will depend on how good or bad I will feel in terms of my health.
Would an EHIC card be an acceptable form of CSI instead of a private health insurance for a few days considering that I will want to obtain PR?
Foreign EHIC, yes.
Re: Severe illness absence Permanent Residence
Posted: Fri Dec 30, 2016 9:02 pm
by starzec
Thank you. As far as I know if you're using and EHIC card you need to declare that you only wish to stay in the UK temporarily. When do you need to declare it? How does that work? Is it something I should be concerned about?
Re: Severe illness absence Permanent Residence
Posted: Fri Dec 30, 2016 9:14 pm
by noajthan
starzec wrote:Thank you. As far as I know if you're using and EHIC card you need to declare that you only wish to stay in the UK temporarily. When do you need to declare it? How does that work? Is it something I should be concerned about?
That type of letter of intent is only related to applications for a RC and not relevant for applications for DCPR.
Re: Severe illness absence Permanent Residence
Posted: Fri Dec 30, 2016 9:27 pm
by starzec
noajthan wrote:starzec wrote:Thank you. As far as I know if you're using and EHIC card you need to declare that you only wish to stay in the UK temporarily. When do you need to declare it? How does that work? Is it something I should be concerned about?
That type of letter of intent is only related to applications for a RC and not relevant for applications for DCPR.
In other words for people who are non-EEA nationals?
Re: Severe illness absence Permanent Residence
Posted: Sat Dec 31, 2016 4:05 am
by ohara
starzec wrote:In other words for people who are non-EEA nationals?
No. People who are applying for a registration certificate or residence card (at the start of their residence in the country), rather than a DCPR or PR card once they have completed 5 years.
Re: Severe illness absence Permanent Residence
Posted: Sat Dec 31, 2016 9:23 am
by starzec
ohara wrote:starzec wrote:In other words for people who are non-EEA nationals?
No. People who are applying for a registration certificate or residence card (at the start of their residence in the country), rather than a DCPR or PR card once they have completed 5 years.
Thank you.
Re: Severe illness absence Permanent Residence
Posted: Sat Dec 31, 2016 11:03 am
by noajthan
noajthan wrote:
That type of letter of intent is only related to applications for a RC and not relevant for applications for PR - whether DCPR or PRC
Re: Severe illness absence Permanent Residence
Posted: Sun Jan 01, 2017 1:07 pm
by starzec
Would boarding passes be sufficient pieces of evidence of my travel and stay in the UK for this short time?
Re: Severe illness absence Permanent Residence
Posted: Tue Jan 03, 2017 6:46 am
by starzec
starzec wrote:Would boarding passes be sufficient pieces of evidence of my travel and stay in the UK for this short time?
Re: Severe illness absence Permanent Residence
Posted: Tue Jan 03, 2017 8:32 am
by noajthan
It could be.