EEA Application with 8 months out of UK after 5 years

[VinGam]

Hi,

Hi all,

I have question about my wife application.
She's Italian.
She came in UK in 2010 and started to work since then (May 2010).
Below there is her timeline in UK:
- Started to work in may 2010
- June 2015 went on maternity leave statutory pay.
- End of September 2015 went to Italy
- beginning of February 2016 came back in UK
- Beginning of March went to Italy
- End of March end of maternity leave
- Beginning of April came back in UK
- End of April went to Italy
- Middle of June came back in UK
- Beginning of July went back to Italy.
- Middle of August she will be back in UK.

So at the moment she has a gap of 4 months as she's not back to work yet.
She has been out of UK for 8 months in the last 11 Months. (Oct-Jan, March, May, July and part of August). May this causing problems to her application even if she was getting Maternity Leave till March?

Thanks in advance

[secret.simon]

Can you outline her absences and her exercise of treaty rights between May 2010 and May 2015?

[noajthan]

Absences are counted up from anniversary of entry into UK.

Was that in May?
If so, count absences within 12 months periods running from May-May.

And a one-off absence due to an exceptional reason such as pregnancy can be accepted without breaking continuity of residence.

[Obie]

It appears that the 8 months in the Last 11 months, may have taken place after she acquired Permanent Residence in May 2015, therefore she will be fine.

Had the aggregated 8 months in 11 months absence occurred between May 2010 and May 2015, then she would have encountered difficulties in Securing Permanent Residence.

[VinGam]

Thanks for you answers.

Can you outline her absences and her exercise of treaty rights between May 2010 and May 2015?

It appears that the 8 months in the Last 11 months, may have taken place after she acquired Permanent Residence in May 2015, therefore she will be fine.
Had the aggregated 8 months in 11 months absence occurred between May 2010 and May 2015, then she would have encountered difficulties in Securing Permanent Residence.

Absence between May 2010 and May 2015 are normal, average of 20 days per year.
Big absence is from September 2015 till August 2016.

[secret.simon]

Your Italian wife acquired PR in May 2015.

Apply for DCPR with proof from May 2010 to May 2015.

PR is retained so long as absence does not exceed two years. So, her subsequent long absences are of no consequence.

[VinGam]

Perfect, thanks.

You mentioned two years absence limit. If she goes back after she acquire the DCPR how can we avoid to break the limit? does she need to stay at least a certain amout of time in UK or she has to work in order to keep it active?