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How long can I be absent?

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

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babybirch
Newly Registered
Posts: 1
Joined: Fri Sep 08, 2017 5:27 pm
Sweden

How long can I be absent?

Post by babybirch » Fri Sep 08, 2017 5:46 pm

Next year I will be going on a 3-4 month long holiday. Will this make me ineligible for permanent residence?

On 5.4 of the PR documment it says

"5.4 If you were or your sponsor was absent from the UK for more than six months in any
12-month period, please indicate the reason for the absence by ticking the relevant box below:

Military service

Other important reasons, such as pregnancy and childbirth, serious illness, study or
vocational training, or an overseas employment posting"


Does this mean if I'm gone for less than 6 months it should be fine?

By the way I've only been absent from the UK for one month for the past 5 years.

P.S: I know that this application may not be relevant next year, but I'm asking just in case.

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long can I be absent?

Post by secret.simon » Fri Sep 08, 2017 5:58 pm

Under EU law, absence from the UK of less than 6 months in a year does not break continuity of residence.

The UK will still be subject to EU law till March 2019. Your 3-4 months absence will be fine.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

greatscott
Member
Posts: 176
Joined: Fri Jan 27, 2012 5:24 pm
United Kingdom

Re: How long can I be absent?

Post by greatscott » Fri Sep 08, 2017 6:56 pm

Other important reasons, such as pregnancy and childbirth, serious illness, study or
vocational training
Can we therefore assume absence over 6 months in a year for students is therefore acceptable? Anyone on this forum had experience in submitting absence for purpose of study, and being successful?

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: How long can I be absent?

Post by secret.simon » Fri Sep 08, 2017 7:47 pm

greatscott wrote:
Fri Sep 08, 2017 6:56 pm
Can we therefore assume absence over 6 months in a year for students is therefore acceptable?
Please keep your questions in your thread, as your child's specific circumstances (being the child of a person returning under SS, but with studies in the other EEA member state) need to be taken into account.

EU law allows one absence of a year for an important reason such as study, among others.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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