Hi Everyone
My mother is a non-EEA national, you received 5 years visa as a family member of an EEA national.
As per the guidelines, she can be out of the UK up to 6 months in a year. My solicitor told me that each stay can't be more than 3 months which means she can be out of the UK twice up to 3 months each time and in total 6 months in a year.
I haven't read anywhere about this 3 months max stay rule in a year. I thought you can be out of the UK up to 6 months. I would be grateful if you please confirm this.
My second question is the 12 months period would be from the date she was granted visa not calendar year. E.G she received visa in May 16 so first 12 months should be from May 16 to April 17?
From Home office:
Definition of continuity
Regulation 3 of the regulations sets out how the 5 year period is calculated. When you calculate the 5 year period of residence, the following absences will not count as a break in continuity:
• time spent out of the UK of 6 months or less in total in any 12 month period
• time spent outside the UK on compulsory military service
• any single period of time spent outside the UK of 12 months or less that was for an important reason including:
o pregnancy
o childbirth
o serious illness
o study
o vocational training
o an overseas posting
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