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HI all just i have small qustion ??
in applicatin eea4 they are asking proof for 5 year . lets say some one living in uk from 7 year can he or she choose any 5 from this 7 ?? or they should be continually??
thanks

For the five continuous years they can be any five years.

However, they must be continuous.

As long as you can supply proof for five continuous years out of the seven, you will not have to provide proof for the other two years.

So, the five years from the seven, assuming the exercising of Treaty Rights began on 1 June 2004, could be, (as examples):

1 June 2004 - 31 May 2005

1 June 2005 - 31 May 2006

1 June 2006 - 31 May 2007

1 June 2007 - 31 May 2008

1 June 2008 - 31 May 2009

But you could also choose:

1 June 2006 - 31 May 2007

1 June 2007 - 31 May 2008

1 June 2008 - 31 May 2009

1 June 2009 - 31 May 2010

1 June 2010 - 31 May 2011.


You CANNOT do this:

Exercised treaty rights:

1 June 2004 - 31 May 2005

1 June 2005 - 31 May 2006

Not exercising Treaty Rights for 2 years, then:

1 June 2008 - 31 May 2009

1 June 2009 - 31 May 2010

1 June 2010 - 31 May 2011.

In this case the clock would go to zero after 2006. You would have a maximum of three continuous years of exercising treaty rights (2008 - 2011), so would have to wait till 2013 to complete five continuous years of exercising treaty rights

i.e.

1 June 2008 - 31 May 2009

1 June 2009 - 31 May 2010

1 June 2010 - 31 May 2011

1 June 2011 - 31 May 2012

1 June 2012 - 31 May 2013


For more details see Chapter 6 of UKBA's information on PR :

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

nonspecifics wrote:d.

Generally, if you have broken the continuity, then the clock resets back to zero. For more details see Chapter 6 of UKBA's information on PR :

There are exceptions CSI/ Job centre registration/ emails to prooving your partner was looking for jobs

Punjab wrote:

nonspecifics wrote:d.

Generally, if you have broken the continuity, then the clock resets back to zero. For more details see Chapter 6 of UKBA's information on PR :

There are exceptions CSI/ Job centre registration/ emails to prooving your partner was looking for jobs

dont understand but this irrelevant to the question.

Punjab is trying to highlight that there can be exceptions to the general rules on exercising treaty rights.

i.e Normally you are only allowed a maximum abscence of six months per year, but an extended gap in residency is permitted in some circumstances:

"one absence of 12 consecutive months, for important reasons such as pregnancy and childbirth, serious illness, work, vocational training or a posting to another country".

Then with regard to exercising treaty rights, there is some situations which the general rules may not explain fully, such as this:

A person could be considered as exercising treaty rights as a worker when involuntarily unemployed, seeking work and registered with DWP as a jobseeker at JobcentrePlus and with a genuine chance of being employed.

poltrade wrote:HI all just i have small qustion ??
in applicatin eea4 they are asking proof for 5 year . lets say some one living in uk from 7 year can he or she choose any 5 from this 7 ?? or they should be continually??
thanks

hi,
as far as my knowledge your 5 years should be continuously and currently

I believe when submitting EEA1, EEA2, EEA3 and EEA4 applications you should be present in the UK at the time of submitting them.

However, PR is acquired automatically and then is only lost if the PR holder is out of the UK for more than 2 years.

Therefore, a person can acquire PR, be out of the UK say for 18 months return to the UK, then apply for their PR to be confirmed by submitting the evidence which proves they acquired PR previously and that they have subsequently not been out of the UK for more than 2 years at a time since acquiring PR. Thus, proving they have maintained their PR status.