EEA national spent more than 6 months outside UK

[gktssm82]

Hi All,

I have a bit of problem with the section 8.2 of EEA4 form. My wife an EEA national spent 23 days more in her last year of 5 years continuous residence. Means that she suppose to spend 6 months in 1 year which is 180 days but she spent 203 so that is 23 days more. Do you think the HO will give me a HARD stick for this?

Please help.

Thanks.

[Obie]

if she break her continuity, you will not qualify for PR.

[gktssm82]

if she break her continuity, you will not qualify for PR.

Hi Obie,

So what will happen next? any idea? Or what do you suggest me to do?

Thanks,

[gktssm82]

if she break her continuity, you will not qualify for PR.

I was just reading one of your post in which you said the following......This is a topic which has affected lots of people on this forum, the choice between taking time of work to look after new born or loosing right of residence. I have expressed doubts about the fact that it is unfair that people who leave the UK for a year after given birth, does not loose their continuity of residence status, but if those people were to continue staying in the UK for 6 months without working, it will affect their right to PR.
So In this case, my wife who exercised her 5 yrs treaty rights from 01/01/2008 to 31/12/2012. she worked from start till 02/2012, maternity leave (5 months) till 07/2012 and then she took paternal leave & left the UK and came back in 02/2013. Do you think this paternal leave will effect her 5 yrs treaty rights?

Thank you.