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"5 years" rule with time abroad

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

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jeanjean68
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Posts: 7
Joined: Mon Jun 26, 2017 10:20 pm

"5 years" rule with time abroad

Post by jeanjean68 » Sat May 05, 2018 10:22 pm

Hi guys,

I am an EU national trying to get permanent residence through the 5-year rule.

I have had absences of more than 6 months but I think it would still be alright under A. Residence in the UK, subsection 5.4. (Application for a document certifying permanent residence or permanent residence card: form EEA (PR) form, vocational studies).

Now assuming they will accept that studies abroad do qualify as vocational studies, does the 5 years includes the time spent outside the UK or not?

For example, say I entered the UK on January 1st 2012. Five years w/o breaks would be January 1st 2017. Now assuming I was outside the UK for 9 months, from January 1st 2015 to October 1st 2015. Can I apply on January 1st 2017 or should I wait October 1st 2017 to have "5 years in the UK + 9 month abroad"?

I cannot find this information online.

Many thanks for your help.

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

Re: "5 years" rule with time abroad

Post by secret.simon » Sun May 06, 2018 10:43 am

The five years in the UK requirement includes breaks. If you were to max out your absences from the UK, you will only be in the UK for about two of the five years. You are allowed six months in the year AND one absence of up to a year for unavoidable reasons.
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.

jeanjean68
Newly Registered
Posts: 7
Joined: Mon Jun 26, 2017 10:20 pm

Re: "5 years" rule with time abroad

Post by jeanjean68 » Thu May 10, 2018 12:19 pm

Awesome, thanks a lot for your reply. I was getting mad about this as I could not find a clear answer anywhere online.

jeanjean68
Newly Registered
Posts: 7
Joined: Mon Jun 26, 2017 10:20 pm

Re: "5 years" rule with time abroad

Post by jeanjean68 » Sun Dec 02, 2018 10:29 pm

Following up on this topic, assuming somebody is studying abroad for 12 months i.e. they have a "status abroad" which would have required them to have a CSI if they were doing the same thing in the UK (studying).

Are they still supposed to hold a CSI in the UK during their year abroad?

jeanjean68
Newly Registered
Posts: 7
Joined: Mon Jun 26, 2017 10:20 pm

Re: "5 years" rule with time abroad

Post by jeanjean68 » Sat Dec 08, 2018 9:10 pm

Any idea?

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