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3 months condition in UK on Permanent residency to Citizenship

Posted: Wed Sep 20, 2017 8:27 am
by theodash
Hi everyone,

I am a bit confused and wanted to ask a couple of questions.
I am from a country member of EU. I am eligible for permanent residency as i am more than 5 years in the UK. I haven't started my application yet. So now it start getting confusing.

I am currently working as a consultant in London. Due to personal circumstances i have to move to Denmark. Now my employer can get me to Denmark in a branch of the company but i have to work as a full time employee in Copenhagen under the Danish law.

I am very keen to become a British citizen though. I know that one of the rules for naturalisation after the permanent residency is to not leave the country for more than 3 months during the year. I am comfortable of maintaining all of my accounts in UK, even the rent to get the citizenship. How this criteria is checked by the officers ? Are they checking the airport for the flights and the duration of stay ? I will be traveling frequently for work back and forth in the UK. Is my staying in Copenhagen a breach of this condition ? Any advice on how can i fulfill my application under these personal conditions, i would be grateful.

The other development of the story is that i can switch companies and work as a contractor for a Danish company. Would that help me in the above questions ?

Thanks in advance

Re: 3 months condition in UK on Permanent residency to Citizenship

Posted: Wed Sep 20, 2017 9:40 am
by CR001
If you are absent for 90 days or more in the 12 months immediately before your date of application, you risk refusal.

It is about physical absence not having accounts and paying rent in the UK.

Re: 3 months condition in UK on Permanent residency to Citizenship

Posted: Wed Sep 20, 2017 9:47 am
by theodash
Hi thanks for the reply. I knew about the 90 day rule. Do you know how this is checked after the application ? Is it only based on the documents i provide for the naturalisation ? Do they check the airport or something ? I know that my question is a bit shady but i will be traveling frequently back and forth in the UK

Re: 3 months condition in UK on Permanent residency to Citizenship

Posted: Wed Sep 20, 2017 10:04 am
by CR001
They do and can check flight records. If you manipulate your absences in the form and they find you are lying, it is deception and a refusal with a ban on applying again for 10 years.

Do not underestimate the length that HO goes to for checking everything about you and verifying everything you state in your form. Citizenship laws are not the same as EU rules for PR etc. Citizenship is a privilege not a right.

Re: 3 months condition in UK on Permanent residency to Citizenship

Posted: Wed Sep 20, 2017 11:04 am
by Trabant
If I am not wrong when you apply you should declare that you will make UK your new home. (that you intend to live in the UK) If you intend to go away anyway - this would be deception and they can cancel your citizenship later on if it was obtained on the basis of the deception.

Re: 3 months condition in UK on Permanent residency to Citizenship

Posted: Wed Sep 20, 2017 12:13 pm
by CR001
Trabant wrote:
Wed Sep 20, 2017 11:04 am
If I am not wrong when you apply you should declare that you will make UK your new home. (that you intend to live in the UK) If you intend to go away anyway - this would be deception and they can cancel your citizenship later on if it was obtained on the basis of the deception.
There is no restriction on where you live after/once you have got your citizenship. You cannot for example apply and state you will live in the UK but then immediately after submitting the application move abroad permanently, as has been the unfortunate case for a small number of members in the last couple of years. This is when they are likely to be refused.

Please don't post inaccurate information.