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8th January 2014 #1
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- May 2008
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5 continuous years for residence card
I hope someone can advise or share their personal experiences about applying for permanent residence card (family member of EU).
I am worried about the 5-continuous years as I believe I have 8-month gap since we came to the UK.
Here is my time history:
March 2008 - first arrival in the UK (family member of Dutch National)
June 2008 - my husband left the country (back to Netherlands, but my daughter and I remained in the country)
February 2009 - husband came back
Therefore we are now reaching our 5 continuous years if the counting starts in February 2009. But my question is, our FIRST arrival was in 2008, when shall I start to count that 5-year rule?
I value your opinion and suggestion. Many thanks.
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8th January 2014 #2
- Join Date
- Aug 2010
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You'll need to count the 5 years period backwards from the date of application.
Regulation 3 states that absences outside the UK for a total of more than six months in any twelve month period would lapse residency leading to Permanent Residence (PR) and the residency 'clock' needs to be started again.
However, there is some allowance for one absence from the UK not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.
Hope that clarifies
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