Immigrationboards.com

According to the current regulations, an EEA national is required to not have been absend from the UK for a period of 180 days in any given year.

(1) Confirmation needed: this is 180 days IN TOTAL, not 180 days in a row, correct?

Exceptions, according to the regulations, are made in case of: (a) serious personal illness, (b) study, (c) overseas posting.

(2) case of serious personal illness: what is required to prove it? e.g. a certificate that you've been in a UK hospital + a certificate from a doctor in you country -translated- stating that you've been seriously ill, would that suffice? which proof one should provide?

(3) study: what is required to prove it? e.g. a certificate that you've been studying at a university abroad would suffice? would studying part-time be admitted as a proof?

(4) overseas posting/civil servant etc.: does working for an EU institution qualify? (e.g. Commission, EU Parliament, EU Bank, EU Court of Justice).

I am particlarly keen to get a response to question 4, as I didn't manage to find the answer anywhere.
From a fiscal perspective, EU employees are indeed recognised as EU civil servants, and have a specific tax exemption status (this is recognised by every EU country included the UK-HRMC).

In advance, thank you so much for anything you will be able to do to clear these doubts.

And a massive thank you to the administrators for keeping alive a site so crucial in days of increasing uncertainty.

Looking forward to your answers.

Kind Regards,
Elef

If you give us more specifics of your situation, we can guide you further.

Or are you discussing the theory of the law rather than the specifics of your situation?

In any case, remember that the exceptions are limited to a single one-year absence.

Thank you Simon for your response.

basically, my partner (EEA national in the UK since 2012, living and working) has been working for an EU institution in the past year (in mainland Europe), whereas I (EEA national in his same situation), have had to return back to mainland Europe (slightly earlier than that), because of a health problem requiring operation and long recovery. For the rest, we both retained residence (e.g. statements, P60s etc etc) in the UK and had our 5 years done in 2017.

I am also also enrolled part-time in a degree at a UK school, and have held some small paid assignments in the UK so will have a P60 for this year.

So the questions are, coeteribus paribus (that is all other requirements being ok):

- can my partner qualify for the exclusion relative to overseas postings/civil servant thing?
- can I qualify for the exclusion relative to being ill instead? and would my medical certificates from the country where I have been in cure suffice (together with UK certificate of when I first went to the hospital)?
- can my part-time studies provide any benefit to the application?

Hope this helps clarifying the basis for my request.

In advance, thank you for your feedback.
Looking forward to hearing from you.

Kind Regards,
Elef

Ah, btw: worthwhile specifying that we had both been out of the UK for less than one single year in the 365 days preceding the end of our 5 years period.

Thank you again.