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Inconsistency between EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

Posted: Thu Dec 13, 2018 2:11 pm
by carna
Would love to get clarity on this point. Specially from those who have gotten this clarified with Home office or got legal advice on this.

As I'm preparing my application for Permanent residency, I've come across an inconsistency in EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

When checking EEA (PR): guidance notes version 3.0, this is stated (Section 5):

"Absences from the UK: Please note, you only need to list your absences where you have been out of the UK for more than 6 months in total in any 12 month period."

However, when filling out the actual application form EEA (PR) Version 07/2018, one gets welcomed with the following YES or NO question (Section 5.3):

"5.3 Have you (or has your sponsor, if applicable) had any absences from the UK since you/they entered?

Yes No

If yes, please give details in the tables below. Continue on a separate sheet if necessary and enclose with your application."

And since that is a YES or NO question.... my answer can't be NO, given there have been shorter trips sometimes, sometimes business trips 1 night, 2 days long, even though I have been instructed in the guidance notes to NOT provide details for absences if I haven't been out of the UK for more than 6 months.

Would you please advise? Guess the question in the application form should be sth along the lines of "have you had any absences longer than 6 months from the UK since you / they entered?"

Re: Inconsistency between EEA (PR) Version 07/2018 & EEA (PR): guidance notes version 3.0

Posted: Sat Dec 15, 2018 11:58 am
by NikiGio
The paper form is not well designed - as per the Guidance Notes, you only need to state absences of 6 months or longer. The online form us better designed in this respect, as it clearly asks if you've had aby absences of 6 months or longer within your 5-year QP.
You may want to state in the notes on the paper form, or in a covering letter, that as per the guidance you're only listing absences of more than 6 months.