Worker becomes student and goes away for study exchange.

[Chmielu]

Hi Guys,

So here is my story,
I have been in UK since May 2011, so at the time of writing this post, 4 years and 2months. Since the situation in EU and threat of referendum I am going to apply for PR.
Long story short
May 2011 - December 2011 work with multiple employers
January 2012 - March 2012 job seeker allowance...
April 2012 - April 2013 work with few employers
May 2013 - June 2013 unemployment did not claim JSE, although I work for few weeks for an agency
July 2013 - now work with two employers
But from September 2014 at university.
Now here is my problem , I am going on exchange year to USA for 10months. Please note that I have purchased comprehensive insurance at the beginning of September 2014 just in case it's
needed for periods of study. From August 2015 I am going to USA for exchange study, according to application form and guidance period more then a year are not allowed unless it's for example study, so it should not break my continues 5 year period.

My question is will my year in America count towards 5 years or will it be disregarded and I will be able to apply i may 2016 for PR. ???

[LilyLalilu]

EEA Nationals
"Applicants who have been outside the UK for 6 months or more in any one of the 5 years residence period will be seen to have ‘broken’ their residence. However, this does not apply in the following circumstances:
1. Period of absence from the UK due to military service
2. Any one absence from the UK not exceeding 12 months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting."

Booklet AN (https://www.gov.uk/government/uploads/s ... n_2015.pdf), p.11.

According to point 2 of the above guidance you would not break your residence as you are going to the US for an important reason (your studies) for less than 12 months.

[Chmielu]

Thanks