British Citizenship - does studying abroad for one semester counts toward absence?

Hi,

I'm EU national and I have Permanent Residence Card for almost 1 year. I want to start the British Citizenship application but I have a problem with the absence period rules.

During my degree I had to travel to France for one semester as a part of my degree, as an Erasmus+ exchange student. Thus, I was away from UK for 259 days in 2015.

I applied for PRC as a self-employed in 2018 (I started my own business in 2013 to help pay rent) and not as a university student. I got the Permanent Residence Card without any problems or additional questions.

Overall, with that 259 days of studying and living abroad for study purposes, I have 570 days of absence and obviously due to my degree I was away from UK for more than 6 months (which theoretically breaks the residency period).

My question is the following - will my compulsory study abroad as a part of my UK academic degree be counted? Does it breaks my continuity of residence? Or will it be ignored due to its compulsory nature?

PS: In 2015 guide booklet it was stated that prolonged absences are allowed if one has travelled for purposes of study, but in Dec 2018 guide booklet there is nothing mentioned about prolonged absences?

I doubt that they will ignore the absence.

vinny wrote: ↑

Sun Mar 03, 2019 2:37 am

I doubt that they will ignore the absence.

Notwithstanding the fact that the Home Office has the power to. I fully agree.

vinny wrote: ↑

Sun Mar 03, 2019 2:37 am

I doubt that they will ignore the absence.

Okay, but even in the document you have attached it is clearly stated, that studying abroad might be considered as an exception to the rule. Semester abroad was a core part of my degree and I can't believe that I might be penalised for this.

I believe Vinny is correct. You are citing the requirements of a different provision of the statute relating to Naturalization, which is that the applicant must demonstrate that they intend to make the UK their permanent home.

The residence requirements is different from that requirements and therefore the views of Vinny is unimpeachable.

Obie wrote: ↑

Sun Mar 03, 2019 1:51 pm

I believe Vinny is correct. You are citing the requirements of a different provision of the statute relating to Naturalization, which is that the applicant must demonstrate that they intend to make the UK their permanent home.

The residence requirements is different from that requirements and therefore the views of Vinny is unimpeachable.

I see. Nevertheless, when I called UKVI helpline in 2015 and asked them if going abroad will break my continuity period, they told that it won't break because I'm required to do it and I'm still a student of a British university. I still have 2015 AN booklet ( https://assets.publishing.service.gov.u ... r_2015.pdf ) which clearly states that:

If you have been outside the UK for six months or more in any one of the five years of the residence period, you will have broken your residence. This does not apply if:

the absence was due to military service; or
all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.

Nowadays there is no such distinction in 2018 AN booklet. Did the law changed in the last 3 years?

One last thing (sorry for two posts in the row, not sure how to edit my previous post), I have found the following EU rules, that (still?) are applicable to UK:

Continuity of residence

3.—(1) This regulation applies for the purpose of calculating periods of continuous residence in the United Kingdom under these Regulations.

(2) Continuity of residence is not affected by—

(a) periods of absence from the United Kingdom which do not exceed six months in total in any year;

(b) periods of absence from the United Kingdom on compulsory military service; or

(c) one absence from the United Kingdom not exceeding twelve months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting.

http://www.eearegulations.co.uk/Regs201 ... ulation_03

same is stated here (scroll down to Permanent Residence section):
https://europa.eu/youreurope/citizens/r ... dex_en.htm

I think you are right but if you are in doubt better apply next year. You don't want to lose the fees I understand.
I don't know if it matters but you applied for PR as a self-employed person, so from the Home Office's point of view your abscence in 2015 was a personal choice, not a necessity.

DUSTDEVIL wrote: ↑

Sun Mar 03, 2019 4:12 pm

One last thing (sorry for two posts in the row, not sure how to edit my previous post), I have found the following EU rules, that (still?) are applicable to UK:

...

http://www.eearegulations.co.uk/Regs201 ... ulation_03

same is stated here (scroll down to Permanent Residence section):
https://europa.eu/youreurope/citizens/r ... dex_en.htm

I think there's two separate issues here.

One, the rules regarding PR under EU rules. Those indeed allow longer absences for educational purposes. Hence you were able to get PR. But, they are entirely separate from the rules about naturalisation as a British citizen.

Two, what are the rules regarding naturalisation. The relevant requirement here is the number of days absent in the last 5 years. I do not think there is any rules regarding six months continuous absence "breaking" the residence - that's an EU permanent residence thing. (But correct me if I'm wrong.) The requirement here is no more than 450 days outside the UK. There is some discretion, but they usually want you to have bought property in the UK.

I see. Nevertheless, when I called UKVI helpline in 2015 and asked them if going abroad will break my continuity period, they told that it won't break because I'm required to do it and I'm still a student of a British university.

It sounds to me that the advice you got from them was relating to permanent residence as an EU citizen, not about naturalisation. Please note that prior to 2016 the process for EU citizens was different. After 2016, you first get a document certifying permanent residence (DCPR) under EU rules. Only after you have that you apply for naturalisation. Prior to 2016, you did not have to separately get the DCPR first; you just had to show that you had acquired PR under EU rules as part of the naturalisation applications. Therefore, the 2015 booklet also contains the relevant EU rules, in addition to the naturalisation rules. The section you quote is the EU rules. The 450 day limit is still entirely separate from that.

If you want to be safe, wait until 5 years after your time abroad. If you don't mind potentially wasting the application fee, you can of course try to apply now, and explain that you had been told your stay abroad would not disqualify you. I'm not sure if that would work though. If you've been here long enough and have property / family here, you might have a chance asking for discretion, see the current AN booklet for information on that.

It would also be worth talking to an immigration lawyer / adviser. It will cost you 150 or 200 pounds, but that's better than wasting 1300. They can tell you how home office tend to handle borderline cases in their experience. It doesn't need to be the most expensive one - it's more about their experience with past clients rather than difficult legal advice.