absence during 5 years

Saladin0011 · Post by **Saladin0011** » Fri Sep 06, 2013 12:41 pm

Hi. I want ask about rules for absence during 5 years which i have to stay for applying for PR. How many days I can be out from UK during year and is there any exemption for time spend out because of study?

Thank you very much.

Oh and I am Czech.

Post by **EUsmileWEallsmile** » Fri Sep 06, 2013 5:58 pm

Generally six months per twelve. Answers can be found in directive 2004/38/ec.

Saladin0011 · Post by **Saladin0011** » Fri Sep 06, 2013 9:32 pm

OK. That's mean I can be out of UK every year for 6 months or only once during 5 years? Other question is about school.
Can I go out of UK for longer time than 6 months because of school? What if I have absence 5 months in 1st year and then about 8th months for finishing my school in 2nd year. Then no more than 1 month in rest years. Is it problem?? What I have to do to prove my study abroad?
Thank you so much.

Post by **Jambo** » Fri Sep 06, 2013 9:49 pm

What you describe should be fine.

See Regulation 3 for more details.

Saladin0011 · Post by **Saladin0011** » Fri Sep 06, 2013 10:17 pm

OK. Which documents I have to bring from school about my study?

Post by **Jambo** » Fri Sep 06, 2013 10:33 pm

A letter from the school confirming your studies with start and end dates should be enough.

Saladin0011 · Post by **Saladin0011** » Fri Sep 06, 2013 11:20 pm

OK. Thank you for answer.
And What about that time when I am in Uk but looking for job. I was giving just CVs from my start here so I wasn't working for about 2-3 weeks but I have not any emails, letters or another proofs. What should I do?

Saladin0011 · Post by **Saladin0011** » Sat Sep 07, 2013 2:36 pm

Hi. I have another question.
Do I need to have any additional insurance for this 5 years? Or is enough NHS one which I have because I am working here and Czech one when I was there? Do I have to prove it somehow?
Thank you for answer.

Saladin0011 · Post by **Saladin0011** » Sat Sep 07, 2013 8:34 pm

Can anyone help with this question? Let say my first day in UK is 23.04.09, then is 1 year until 23.04.10 another 23.04.11........ I can be out of UK for 6 months every this year, but what if I am out from 18.10.10 until 23.12.10 and again from 10.01.11 until 02.06.11 when "my" year start on 23.04.11
How does it count?

Thank you for your answer.

Post by **EUsmileWEallsmile** » Sat Sep 07, 2013 8:38 pm

Saladin0011 wrote:Hi. I have another question.
Do I need to have any additional insurance for this 5 years? Or is enough NHS one which I have because I am working here and Czech one when I was there? Do I have to prove it somehow?
Thank you for answer.

If you are an EU national and are working, you do not require insurance.

Post by **EUsmileWEallsmile** » Sat Sep 07, 2013 8:42 pm

Saladin0011 wrote:Can anyone help with this question? Let say my first day in UK is 23.04.09, then is 1 year until 23.04.10 another 23.04.11........ I can be out of UK for 6 months every this year, but what if I am out from 18.10.10 until 23.12.10 and again from 10.01.11 until 02.06.11 when "my" year start on 23.04.11
How does it count?

Thank you for your answer.

It's six months in any twelve. The twelve can start at any time after entry. Be absent for more than six months in any twelve and your residence could be broken. You are allowed one twelve month absence for certain important reasons.

Saladin0011 · Post by **Saladin0011** » Sat Sep 07, 2013 9:33 pm

About insurance: what about time during which I am looking for work? It can be a month or so for example. Do I need some insurance during this time?

About absence: if my year start from 23.04.2009 then is until 23.04.2010 and then again until 5 years. But what if I am out of UK from 23.01.2010 until 23.05.2010. That's mean 3 months in first year and 1 month in second year? Or 4 months all together? Because if it is 3 months in 1st then I can be theoretically out from 24.12.2009 until 22.10.2010 and there is no problem at all. Am I correct?

Post by **EUsmileWEallsmile** » Sun Sep 08, 2013 9:42 am

Saladin0011 wrote:About insurance: what about time during which I am looking for work? It can be a month or so for example. Do I need some insurance during this time?

About absence: if my year start from 23.04.2009 then is until 23.04.2010 and then again until 5 years. But what if I am out of UK from 23.01.2010 until 23.05.2010. That's mean 3 months in first year and 1 month in second year? Or 4 months all together? Because if it is 3 months in 1st then I can be theoretically out from 24.12.2009 until 22.10.2010 and there is no problem at all. Am I correct?

Jobseeker can be considered to be a worker for a reasonable period while looking for work.

You are making the absences overly complicated - 6 months in any twelve.
It is difficult to be absent for more than six months without noticing.

I suggest you read through directive 2004/38/ec.

Saladin0011 · Post by **Saladin0011** » Sun Sep 08, 2013 7:51 pm

I am so sorry but I don't get it. All this time out and in and years...
I will ask in different way (a bit) lets say first entry is 01.06.2010 so my residency year (12 months) is count from 01.06.2010 -01.06.2011 and then 01.06.2012 ect...
What if I will be out of UK from:
01.04.2011 until 31.08.2011 and then again from
01.05.2012 until 31.07.2013
Then I will be absence in 1st year 2 months and second year 4 months?
Can you use some example pleas?

On http://www.immigrationboards.com/viewtopic.php?t=114867 is

The EEA regulations allow upto 6 months of absence a year during the 5 years or a single absence due to important reason (birth, study). (see Regulation 3).

Does it mean I can be out from UK every year 6 months or ONLY ONCE longer time (pregnancy, school, illness...) and then NO absence at all in all 5 years?
Someone can be here for 3 years (every year 5 months off) and then in 4th year 9 months out because of illness/school... Does it mean that person lost his/her right to apply for PR?

Post by **EUsmileWEallsmile** » Sun Sep 08, 2013 8:16 pm

Six months in any twelve over the five years.

Year 1 - no absences.
Year 2 - four month absence in the last four months of that year.
Year 2 - two month absence in the first two months; four months absence in the last (taking care not to exceed six months)
Year 3 - no absences.
Year 4 - one month in the last month of that year.
Year 5 - six months in the beginning of that year.

Year 1 starts on entry and ends 12 months later, etc.

There would be a problem with absences in year 4/5 as it would exceed 6 in any year.

Saladin0011 · Post by **Saladin0011** » Sun Sep 08, 2013 10:41 pm

Hi man, you are the best........

Is it 6 months/183 days or 180?

Post by **EUsmileWEallsmile** » Mon Sep 09, 2013 8:50 pm

Saladin0011 wrote:Hi man, you are the best........

Is it 6 months/183 days or 180?

Six months is six months. Some months are longer than others.

Saladin0011 · Post by **Saladin0011** » Mon Sep 09, 2013 11:22 pm

Even better now. I want thank you for your patient and I hope next year when I will apply or PR they will be OK wit me gaps during which I was out of UK or looking for job

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absence during 5 years

absence during 5 years