ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Permanent Resident - section 5.3 Absences requirements

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
max1100
Newly Registered
Posts: 18
Joined: Sun Aug 07, 2016 1:03 pm

Permanent Resident - section 5.3 Absences requirements

Post by max1100 » Sun Aug 07, 2016 1:07 pm

Hello,
hope someone can help as I could not find asnwer to this in previous posts!

So I have been in the UK for almost 8 years and I assume that only last 5 years absences are necessary, but on the form they ask for:

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

Can someone advise please ?

Reagards
Max

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent Resident - section 5.3 Absences requirements

Post by noajthan » Sun Aug 07, 2016 3:07 pm

To avoid confusion & jumbled responses, I have moved your questions to own thread (this one).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent Resident - section 5.3 Absences requirements

Post by noajthan » Sun Aug 07, 2016 3:10 pm

max1100 wrote:Hello,
hope someone can help as I could not find asnwer to this in previous posts!

So I have been in the UK for almost 8 years and I assume that only last 5 years absences are necessary, but on the form they ask for:

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

Can someone advise please ?

Reagards
Max
Why would you assume that?

The holy grail of PR status is acquired automatically when the applicant has exercised treaty rights continuously for 5 years.
That could have occurred 3 years ago if you have enjoyed life in UK for the past 8 years.

All you are applying for is confirmation of status. The DCPR does not grant that status.

So its not all about the last 5 years.
And that's the reason for the question.

You can get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

max1100
Newly Registered
Posts: 18
Joined: Sun Aug 07, 2016 1:03 pm

Re: Permanent Resident - section 5.3 Absences requirements

Post by max1100 » Sun Aug 07, 2016 4:41 pm

Hi Noajthan
thanks for your answer first.

I see your point! Although I was aware that PR is acquired after 5 years, I assumed wrongly that they would look retrospectively to the *last* 5 years....
thanks for explaining the difference....

Actually, can I ask for confirmation of one more thing, as you know what you are talking about !

I read that once the PR application is approved, I can apply immediately for passport. That is based on the same principle that I acquired the PR 2.5-3 years ago! Is that correct ?
Many thanks
Max

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent Resident - section 5.3 Absences requirements

Post by noajthan » Sun Aug 07, 2016 5:55 pm

max1100 wrote:Hi Noajthan
thanks for your answer first.

I see your point! Although I was aware that PR is acquired after 5 years, I assumed wrongly that they would look retrospectively to the *last* 5 years....
thanks for explaining the difference....

Actually, can I ask for confirmation of one more thing, as you know what you are talking about !

I read that once the PR application is approved, I can apply immediately for passport. That is based on the same principle that I acquired the PR 2.5-3 years ago! Is that correct ?
Many thanks
Max
Do you mean British passport?

There is no direct connection between DCPR and a British passport.

DCPR simply confirms PR status (if you have already acquired it).
PR is not citizenship.

Once you have acquired PR you can apply for DCPR.

Once you have DCPR and meet all other requirements for naturalisation you may apply for the privilege of citizenship.

If you are naturalised successfully you can apply for the holy grail of British passport.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

max1100
Newly Registered
Posts: 18
Joined: Sun Aug 07, 2016 1:03 pm

Re: Permanent Resident - section 5.3 Absences requirements

Post by max1100 » Sun Aug 07, 2016 6:39 pm

Thank you
Yes British citizenship.

From the gov website:

And you must usually have:
had permanent residence status for the last 12 months if you’re a citizen of an EEA country - you need to provide a permanent residence document


I read "Permanent residence status for 12 months"...but does it mean " Permanent residence doc for 12 months "? As I had the status for over 2.5 years

Last question, I promise :)
Many thanks

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent Resident - section 5.3 Absences requirements

Post by noajthan » Sun Aug 07, 2016 6:49 pm

max1100 wrote:Thank you
Yes British citizenship.

From the gov website:

And you must usually have:
had permanent residence status for the last 12 months if you’re a citizen of an EEA country - you need to provide a permanent residence document


I read "Permanent residence status for 12 months"...but does it mean " Permanent residence doc for 12 months "? As I had the status for over 2.5 years

Last question, I promise :)
Many thanks
The Gov UK website is not authoritative guidance. And even guidance is not the law.

If you don't have a British spouse then, yes, you need to be free of immigration time restrictions for 12 months before shooting for naturalisation under section 6(1) of BNA.

That means having settled status (eg PR) for 12 months (or more). Not possessing a PR card for 12 months.

Naturalisation comes next; passport last of all.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

max1100
Newly Registered
Posts: 18
Joined: Sun Aug 07, 2016 1:03 pm

Re: Permanent Resident - section 5.3 Absences requirements

Post by max1100 » Sun Aug 07, 2016 7:22 pm

Thank you for taking the time to explain!

I definitely need to read more, but I understand that I can apply for naturalisation soon after having proved the PR

Thank you again
Max

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent Resident - section 5.3 Absences requirements

Post by noajthan » Sun Aug 07, 2016 7:43 pm

max1100 wrote:Thank you for taking the time to explain!

I definitely need to read more, but I understand that I can apply for naturalisation soon after having proved the PR

Thank you again
Max
Exactly.

See FAQs here:
http://www.immigrationboards.com/britis ... 95747.html

And AN guide here:
https://www.gov.uk/government/uploads/s ... e_2016.pdf

Always good to look ahead and make sure you have all the ducks in a row.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

max1100
Newly Registered
Posts: 18
Joined: Sun Aug 07, 2016 1:03 pm

Re: Permanent Resident - section 5.3 Absences requirements

Post by max1100 » Sun Aug 07, 2016 7:50 pm

Always good to look ahead and make sure you have all the ducks in a row.

Never heard that before, but I like it :D
Absolutely !

I was reading the AN already (in fact I was not aware - did not want to think - about language test...) and I will have a look at the FAQs too

Thank you very much, you are very kind

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Permanent Resident - section 5.3 Absences requirements

Post by noajthan » Sun Aug 07, 2016 8:21 pm

max1100 wrote:Always good to look ahead and make sure you have all the ducks in a row.

Never heard that before, but I like it :D
Absolutely !

I was reading the AN already (in fact I was not aware - did not want to think - about language test...) and I will have a look at the FAQs too

Thank you very much, you are very kind
Its my pleasure.

And use of idioms and metaphors is one indicator of fluency which can surely help in any proof of English test.

I also salute every member posting in what is for them a foreign language.
(I travel extensively for business yet struggle to string 3 words together in many places I visit).
All that is gold does not glitter; Not all those who wander are lost. E&OE.

max1100
Newly Registered
Posts: 18
Joined: Sun Aug 07, 2016 1:03 pm

Re: Permanent Resident - section 5.3 Absences requirements

Post by max1100 » Sun Aug 07, 2016 9:33 pm

noajthan wrote:
max1100 wrote:Always good to look ahead and make sure you have all the ducks in a row.

And use of idioms and metaphors is one indicator of fluency which can surely help in any proof of English test..
:) I was thinking exactly that earler!

Cheers again

Locked