Working Abroad on a Residence Card

Mr Riksman made this Freedom of Information request to Home Office

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Home Office did not have the information requested.

Dear Home Office,

This question is similar to a 'long overdue status' question here;

My partner is an EEA-national, and I am a non-EEA national family member living in the UK on a Residence Card.We have left our domicile of Australia, and established a permanent home in the UK to be closer to her family.

When determining 'continuous residence', how are short absences for work looked at? The EU policy talks about 'secondment for work' as acceptable, but how about the following;

I work away for 28 days, and then return to the UK for 28 days. On average then, I will be physically absent from the UK for 6 months of a year. Does this mean I will never qualify as a permanent resident? Even though I have establish a home with my partner here?

If on those 28 days off, we take a holiday somewhere, and within a year period I am not physically present for more than, say 90 days in the UK; even though it is due to work and short holidays and my permanent address is in the UK with my partner - will this also mean I cannot get permanent residence?

Yours faithfully,

Mr Riksman

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  5.  Students – Changes During Your Stay

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  9.  Settlement - Knowledge of Language & Life in the UK

10 . Indefinite Leave to Enter 

11.  New Passport – Transfer of Conditions or No Time Limit

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3. Biometric Residence Permits for Foreign Nationals


As of 29 February 2012 Nationals of countries outside the European
Economic Area and Switzerland must apply for a biometric residence permit
(unless they already have one) if they are currently in the UK and they
want to:


extend their temporary permission to stay to a total of 6 months or more;

apply for permission to settle in the UK (known as 'indefinite leave to

transfer their permission to stay from an old passport or similar document
using form TOC or NTL; or

apply for a Convention travel document (1951 refugee or 1954 stateless
person) or a certificate of travel.


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national of a country in the European Economic Area (including the UK) or


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4. Points Based System – Tier 1, Tier 2, Tier 4, Tier 5 and Sponsorship

PBS Tier 1


Detailed information about Tier 1 can be found on the Home Office website






PBS Tier 2


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PBS Tier 4 (General) and Tier 4 (Child) Students


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PBS Tier 5


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Under the Points Based System (PBS), migrants from outside the UK will
need to be sponsored by an employer or education provider on the Home
Office’s Sponsors Register in order to obtain a visa. 


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5. Students – Changes During Your Stay


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your sponsor occur while you are in the UK as a student under Tier 4 of
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6. Family of British and Settled Persons


A number of changes to the Immigration Rules came into effect on 9 July
2012. These changes will affect non-European Economic Area (non-EEA)
nationals applying to enter or remain in the UK under the family migration

These changes define the basis on which a person can enter or remain in
the UK on the basis of their family or private life, unifying
consideration under the rules and Article 8 of the European Convention on
Human Rights.

If you already have leave to enter or remain in the UK, on the basis of
being the spouse or partner of a settled person, you will need to meet the
rules which were in force before 9 July 2012 if you apply for settlement.

The changes include:

o introducing a new minimum income threshold of £18,600 for sponsoring
the settlement in the UK of a spouse or partner, or fiancé(e) or
proposed civil partner of non-European Economic Area (EEA)
nationality, with a higher threshold for any children also sponsored;
£22,400 for one child and an additional £2,400 for each further child;
o extending the minimum probationary period for settlement for non-EEA
spouses and partners from two years to five years, to test the
genuineness of the relationship;
o abolishing immediate settlement for the migrant spouses and partner
where a couple have been living together overseas for at least 4
years, and requiring them to complete a 5 year probationary period;
o from October 2013, requiring all applicants for settlement to pass the
Life in the UK Test and present an English language speaking and
listening qualification at B1 level or above of the Common European
Framework of Reference for Languages unless they are exempt;


Detailed information about changes to the family migration rules that came
into effect on 9 July 2012 can be found on the Home Office website at:



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This information is based on Part 8 of the Immigration Rules.


For details of the English language requirement, see the [27]English
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8. Child born in the UK

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remain, you will need to obtain and complete one of the following
application forms, in order for them to be granted leave to remain as your


PBS Dependant application form should be used if the person whom the child
is dependant on has been granted leave to remain under the Points Based


FLR(O) application form should be used if the person whom the child is
dependant on has been granted leave to remain in any other category.


On form FLR(O) the child’s details should be entered in Section 1 -
Applicant's Details.  Your passport should also be enclosed with the


If you will be leaving the UK and do not intend to return under the
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an application to the Home Office for your baby.  They are deemed to have
leave to remain in the UK until you leave. 


If you will be making an application for further leave to remain or
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note, if you travel outside the UK before your baby obtains leave to
remain, you will need to obtain Entry Clearance for the baby before you
return to the UK.



9.  Settlement - Knowledge of Language and Life in the UK


If you are applying for settlement in the United Kingdom you may be
required to demonstrate Knowledge of Language and Life in the United
Kingdom, in addition to meeting the other requirements for
settlement.  For further information, please visit the Home Office website




The test changed on 25 March 2013, to ask questions based on information
in the new version of the handbook. To be ready to take the test, you must
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o Tests taken before 25 March 2013 will be based on the handbook 'Life
in the United Kingdom 2nd Edition: A Journey to Citizenship'.


o Tests taken on or after 25 March 2013 will be based on the handbook
'Life in the United Kingdom 3rd Edition: A Guide for New Residents'. 

For detailed information about the Life InThe UK test, please visit the
Home Office website at;






10.  Indefinite Leave to Enter


In terms of your status in the UK, Indefinite Leave to Enter and
Indefinite Leave to Remain are exactly the same.  The Indefinite Leave to
Enter Entry Clearance means, in terms of your current immigration status
in the UK, that there is no time limit on your stay in the UK.  

The end date shown on an Indefinite Leave to Enter Entry Clearance (EC)
vignette is a guide to the holder for travel purposes only, or relates to
the validity dates of the passport/travel document in which the vignette
is endorsed.

The validity and activation of the Entry Clearance is determined by the
dates noted on the Entry Clearance vignette not by any ink stamp endorsed
in the passport or travel document by a UK Immigration Officer at the port
of entry. 

The Immigration Officer’s stamp merely indicates when the Entry Clearance
was used to enter the UK but the Entry Clearance is still valid without an
on-entry stamp. 

The Entry Clearance should be used to enter the UK within three months of
issue but can be used after this date at the discretion of the Immigration

Once the expiry date noted on your EC is passed it is not necessary for
the holder of Indefinite Leave to Enter status to apply within the UK for
Indefinite Leave to remain status as they are effectively the same thing
and your "No time limit "status remains extant. 




11.  New Passport - Transfer of Conditions or No Time Limit


Detailed information about transferring your visa or residence permit from
an old passport or travel document to a new one can be found on the Home
Office website at:





12.  Reporting an immigration offence


We take public reports of crime seriously. If you suspect that someone is
working illegally, has no right to be in the UK or is involved in
smuggling, we want to hear from you.

You can report your suspicions in confidence using our [33]reporting form.

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Any information that you provide will be handled in confidence. You can
give us your name and address if you wish, but you do not need to do so.

Other reporting methods


Alternatively, you can:

contact [34]Crimestoppers (online or by phone) anonymously

call the Customs Hotline about smuggling on 0800 595 000

contact the confidential anti-terrorist hotline on 0800 789 321 or

dial 999 in an emergency


Detailed information how you can report suspected immigration crime (such
as illegal immigration or illegally employing foreign workers), smuggling
or terrorism can be found on the Home Office website at:










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