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EEA PR do I need to be in UK on last day of 5 years?

Posted: Wed May 09, 2018 7:57 pm
by obormot
When choosing 5 uears which qualify one for EU permanent residence, does the person need to physically be in UK on the last day of those 5 years?

Our family will get to 5 years in mid July (we came mid July 2013), but we plan to leave the country for 2 summer months. All of us can apply upon return, (based on period September 2103 to September 2018), exept my mother.

She was traveling away from UK in part of 2013-14, so if we count from August or September she would be absent from UK for more then 180 days in her first 12 moths period (on the other hand, in the period 15/07/2103 to 15/07/2014 she was out of UK for less then 180 days). And then she would have to wait until June 2019 to clear this issue.
So, can we apply on the basis of 5 years residence, 15/07/2013 to 15/07/2018, if we are out of the country in July 2018, and return in August? Or should be we in UK on the last day of this 5 years period (on 15/07/2018)?

The documents I read seem not to mention it, but it might be I missed something.
If presence on last day is required, I hope we can send my mother to come to UK for a few days around mid-July, and then apply for us “September to September”, and for her “July to July”.
But I wonder - could this cause a problem when applying together?
(I am EU citizen, with continuous employment in UK in the same place for 5 years, my mother is non EU, currently with 5 years EU Residence stamp)

Re: EEA PR do I need to be in UK on last day of 5 years?

Posted: Thu May 10, 2018 10:06 am
by muraenidae
I don't think there's any such requirement.

By the way, even if your mother applies with you in September, her qualifying period can be July 2013 - July 2018. She would then get a letter stating that she acquired permanent residence in July 2018.

Re: EEA PR do I need to be in UK on last day of 5 years?

Posted: Thu May 10, 2018 12:02 pm
by obormot
Thank you!
Yes, I know that qualifying period can be any 5 years in the past.
If there is no requirement to be in UK on the last day of qualifying period, we will all apply in September using July 2013 to July 2018. But I need to make sure this is true..

But if there is requirement to be in UK "on the last day" then I will have to make sure my mother is in UK for at least 1-2 days in mid July. And then we would apply together, but would have to state different qualifying periods in the same application, which would make our case not fully standard.
And I am under impression that anything even remotely "non-standard" might easily cause problems.

On the other hand, since we are not "subject to immigration control", we do not have stamps in the passports.
Is there still any log of arrivals/departures kept by immigration, using which they can verify all absences?
I vaguely remember that there is something and one can even place a request to get this data on oneself - ?

Re: EEA PR do I need to be in UK on last day of 5 years?

Posted: Thu May 10, 2018 12:21 pm
by muraenidae
I am not an expert. I have read the regulations thoroughly and don't think there's any such requirement, nor have I ever seen any such case on the forums. I doubt it is a problem, because I am sure it would have been mentioned here, loads of people would have this problem. But that's all the assurance I can give.

Yes, there is a record of you entering and leaving the country. I know a Dutch citizen who requested his history because he did not remember when he was in the country.

Re: EEA PR do I need to be in UK on last day of 5 years?

Posted: Thu May 10, 2018 1:49 pm
by obormot
Is this a link for request to get entry/exit record?

https://www.gov.uk/government/publicati ... mmigration