12-months off for "study" in the 5-year continuous period

[jeanjean68]

Dear all,

I would like to hear your thoughts on my situation.

Arrived 1st Oct 2013 in the UK as an EEA, studying. Started off my job 1st Oct 2014. Left the UK end of April 2017.

I am starting a graduate course outside the UK in August and will come back beginning of May 2018.

In European law, they allow for one absence of "12 consecutive months for important reason such as (...) study".

1. My understanding is that the years for my PR will not be affected by my absence from the UK from Aug 2017 until end of April 2018. Is that correct?
2. Do you know what is the treatment for the days in that case? Do they remove the months from the corresponding years and decrease the out of the country prorata? (i.e. let's assume I apply in end of Nov 2018, will they subtract Aug - Sep - Oct - Nov for my year Nov 2016 - Nov 2017?)

I hope I am clear.

Thanks in advance for your help.

[greatscott]

if (under Singh) they continued their studies in the EU that they had started while exercising treaty rights in an same EU country, then after having moved to the UK, Reg 492/2011(UK) allows this.

So for PRC those absences do not affect their 5 years resident in the UK.

Is that correct gurus?

[secret.simon]

I am not sure how either "Singh" (presumably the Surinder Singh judgment) or Regulations 492/2011 have anything to do with OP's query.

[greatscott]

my sincere apologies...I thought it was related as it calls out a student from the EU

Arrived 1st Oct 2013 in the UK as an EEA, studying

... for me there is a relationship with those using the Surinder Singh route.

But once again my apologies!

How about answering the OP's query?

[jeanjean68]

Thanks for your replies.

I am actually talking about DIRECTIVE 2004/38/EC Article 16.

Any thoughts?