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The OP is married to BC. So 3 years / 270 days /90 days.milan69 wrote:You have to have been a resident for the last 5 years in order to apply. You can have 450 days of absences in total and no more than 90 days in the final year.
This is not the first time the phone line gives inaccurate information. You seem to know the rules well. You will be fine. I would just add an explanation on page 17 as to your claim for PR (as this is not a typical case, the case worker sees everyday).Froggybinou wrote:Thank you for the replies - this is very helpful.
I didn't have a passport when I first came in 1998, only a French ID card. There was no need for a VISA, coming from a EU country so I don't have any record of any date of entry. However, I do have pay slips and P60s dating back to this period as I have always worked while in the UK. So I can prove having been here since back then.
I have always lived in the UK from June 1998 until now, except between September 2010 and October 2011. I have been married to a British Citizen since 2005.
From what I have read, I understood that I have automatically gained PR on 30 April 2006 when the new law came up, because on that date, I'd already been living in the UK for 8 years. However, I managed to get hold of someone on the Home Office helpline (the 0300 123 2253 number), and they told me that actually I have to apply for PR, and that it isn't given automatically, even for EEA/French citizens! This is a straight contradiction to what they say in the guide!
I am so confused, I don't really want to send my application form with the £900 fee and find that they refuse me because of that one year away and the fact that, according to the helpline, I don't actually have PR until I actually apply for it...
See the AN guide booklet.kububeach wrote:Hi Froggybinou,
I was just wondering if you have submitted the application already. I have the same situation on the broken residency, so I was wondering if I have to wait for a while to apply for naturalization.
Yeah that's what I thought. I went back to UK after living outside UK temporarily for about 17 months (after securing my ILR). If I applied today, I was wondering if I'm already eligible for naturalization because this date five years ago I lived outside UK. I'm not in rush actually but if I could apply today for the citizenship, I would do it.Julian11 wrote:The six months only breaks your residence if you are still gathering time for the five years to get PR. After you get PR, you only lose it if you're going for two years. That's how I understand it, anyway.
Up to 6 months absence from UK per year is permitted; as your year runs December-December your break of 10 months actually seems to split into 2 periods of approx 5 months each;joseph58 wrote:I'm in a similar situation and I interpret the requirements this way! Please let me know if I'm correct or wrong!
I came to UK from one of the A8 countries in 2005 and I registered under WRS (see page 11 of Booklet AN Naturalisation Booklet – The Requirements, June 2015). I stayed for 18 months then I left the UK.
I came back on 1st December 2008 and this is the starting date I consider in my application. I've been working/living in the UK since then however I was out of UK between 09/07/2010 and 05/05/2011 (10 months).
As it is on page 11 of the Booklet AN:
"..you should normally have held permanent resident status for 12 months before applying for naturalisation. This means that you may need to wait until you have been in the United Kingdom for 6 years before you can apply."
"Applicants who have been outside the UK for 6 months or more in any one of the 5 years residence period will be seen to have ‘broken’ their residence"
My understanding:
You need 5 years residence for the permanent residency.
In my case it would be 5 years+10 months (considering the break) to qualify.
Starting counting from 1st December 2008 I qualified on "1st December 2013+10months= 1st October 2014".
So I could get permanent residency on 1st October 2014.
Since you need 12 month permanent residency before applying for naturalisation, I can apply for it as from 1st October 2015.
Your thoughts are very much appreciated!