In between flats

[FrenchAmy]

Hello everyone!

For context, I am a French citizen who's lived in the UK for almost 14 years and have received my settled status in 2019

I'm in the process of applying and had to wait until a window could open where I would have both under 90 days of absence in the past 12 months and in the UK 5 years prior.

My window is now: from the 8th to the 24th Jan 2024 included. I passed the english test in February 2022 so if I were to apply later, I would have to retake the test.

Now, due to the nature of my job (I am an actor, working mostly in film and TV), I have to spend long periods of time abroad on shoots. In 2021, due to Covid restrictions and the production company policy, I was abroad and couldn't come back to the UK even during breaks for about 5 months (128 days).

The other years, I have also travelled extensively, between 60 to 100 days a year, almost half of which is for work (shoots, auditions, networking, ceremonies, etc).

Also my next window would open from the 5th to 30th March 2024 due to a long work trip in 2019, and I have a possible job abroad from the 4th March 2024 for several months...

This brings me to a total of 463 days (to the best of my knowledge) abroad, counting work. Without work trips, it amounts to 237 days abroad.

Now my two options are:

1. Apply now and hope for the best
---- I have started the application, specified 'business' for each work trip I took, and got to the part where I had to write whether there was anything that could prevent me from getting the citizenship. Should I write here that because of my absences I might not get it but that half of the trips are for work? Or is it automatic and the distinction is made based on good faith?)----

2. Wait until the 5th March and retake the English proficiency test
---- knowing that there is a very likely chance that I will be cast in a project that would shoot abroad, and I might miss the window again or add up to my 90 days of absence (which is what has been happening for the past 2 years).----

I have been waiting for the opportunity to apply for 2 years but now I am freaking out a bit and it feels like nothing will every align!

Should I apply now? That's what my gut is telling me from what I understand of the process but this is not a question of guts but cold hard facts I guess.

Thank you very much in advance for your help!
All the best,
A.

[alterhase58]

Per the AN guidance the "total number of absences normally disregarded" is "480 days" so on the face of it you should be ok to apply now. Might be sensible to add a note about your work travel. Maybe the gut is right, with your type of job it may take another couple of years.

Providing you can comply with all the other requirements.
Very important, the day you apply you have to have been in the UK on that day 5 years back.

Guidance: https://www.gov.uk/government/publicati ... bookmark11

[contorted_svy]

I would recommend having an Excel spreadsheet with all your trips (dig into emails to find more details as much as possible) and calculate absences. Remember that the day you leave and the day you come back don't count as absences (eg if you leave on the 3 January and are back on the 6, you are only absent for 2 days from the country). As you have taken frequent short trips that might lower your total. If you are below the 480 days mark though you will be OK.

[FrenchAmy]

Thank you both for your replies!

I have not done this on an excel spreadsheet but a notebook, and didn't count the first and last days of the trips. Even without those, it amounts to a total of 463 days out of the UK over the past 5 years.

I went through my emails checking out trips and systematically jotted them down on my notebook, cross referencing with jobs and my own calendar.

I will go ahead now and send the application before the 24th Jan, since the absence is under 480 days! Fingers crossed!

[contorted_svy]

The system will also count the total. You can say in the box "is there any requirement you don't respect" (can't remember the actual wording) point to your cover note, and similarly in the last box "is there any other information you want to make us aware of" point to your cover note, and in there explain your absences are due to your work, and it is 463 days. Point also to the guidance that says that because you respect all other requirements, up to 480 days of absences are waived.

[seth22]

My wife was in the same situation and discretion was applied for absence within 30 days over the limit. we mentioned the reason and also asked for discretion on the cover letter. you should be ok.

[FrenchAmy]

Hello again everyone,

Thank you so much for your answers on my previous issue, it's been very helpful.

I now have another question regarding proof of living in the UK for 5 years.

In 2021, I left my ex with whom I was living and we decided to break the lease early - mid Feb.
I had a friend whose flatmate was leaving mid April and decided to move in with her.
In the meantime, I slept on hers and other friends' couches and guest rooms while slowly moving my things to the new place.

I didn't officially sign the new contract until mid April. There's a gap of almost 2 months in my contracts. Do I have to prove I was still in the UK somehow? If so how? Would I need a letter from my friend?

Thank you very much in advance.

All the best,
A.

[contorted_svy]

You don't have to prove your address, so it's not a problem. You only need proof of residency, eg P60s, that cover the period.

[CR001]

Topics Merged!! Please keep ALL questions on the same application in one topic, this one.

[FrenchAmy]

Hello,

Thank you for the merging of topics and apologies about the 2nd thread.

So I am a self employed actor. I don't have P60s or 45s and haven't been employed in more than 10 years. I don't have payslips, only payment statements from my agents.

I am also from an EU country so my passport has never been stamped at the UK - EU border.

I'm at the "Documents" part and it says in the application under "Proof of living in the UK for A. for 5 years if applying in your own right":
"(...) If your passport was not stamped when you entered the UK you need to include letters (for example, from your employer or government department) as proof.

Bank statements or household bills are not suitable proof you have been living in the UK."

I don't have an employer, haven't been in education in the past 5 years, and don't know what they're referring to when they say a "government department". How do I proceed to prove residency. Would my passport with its stored data suffice?

[alterhase58]

Government departments (loosely) - I call them "official type": HMRC (tax communications/letters/P60/tax returns), Council Tax bills, DWP (pensions/employment related/benefits documents), NHS (letters), not an exhaustive list
You only need one type of document, not all, if you can document 5 years.

For UK taxation are you self-employed? Do you do self-assessment?
You could use your Self-assessment statements as proof of residency

[contorted_svy]

You can do a SAR with UKVI - to supply as additional evidence of your trips out of the country and the fact you were living here alongside self-assessments.

[FrenchAmy]

Hi again,

Thank you very much for the info!

I do have my self assessment statements but only up until last April as this current tax year is not finished yet.

I have council tax bills in my name for the last five years though, so I'll use that - can I send both, or do you reckon one type of document would be enough?

[alterhase58]

Council tax is fine. There's no need to send more.

[FrenchAmy]

Amazing, thanks a million!

[FrenchAmy]

Hello hello! it's me again!

So today I've sent my online form, paid for it and I'm now about to book the appointment. But I still have a couple of questions:

- First, is the date where I have be "have been in the UK 5 years ago to the day", the date of the online submission and payment, or the date of the appointment? (which would mean I only have a few days to book the appointment before the 24th included as I was away from the 25/01/19).

- Second, as discussed above, I'm using my council tax bills to prove my living in the UK for 5 years, however, 1 is missing and when I called the council, all they could do was copy and paste it in the body of the email they sent me. I've saved the email as a PDF, but it clearly looks different from the rest. Would that still work? If not, can I use my self assessment for that one year instead?

Thank you all in advance for your help!

[CR001]

- First, is the date where I have be "have been in the UK 5 years ago to the day", the date of the online submission and payment, or the date of the appointment? (which would mean I only have a few days to book the appointment before the 24th included as I was away from the 25/01/19).

Online submission, which is the official 'date of application'!

- Second, as discussed above, I'm using my council tax bills to prove my living in the UK for 5 years, however, 1 is missing and when I called the council, all they could do was copy and paste it in the body of the email they sent me. I've saved the email as a PDF, but it clearly looks different from the rest. Would that still work? If not, can I use my self assessment for that one year instead?

Fine and yes.