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More than 450 days outside the UK
Posted: Sun Apr 07, 2019 5:03 pm
by daqm
I have been in the UK since 2004, I studied here and my home and wife (she's EU) is here. I'm from EU as well. I have been working in the UK since 2008, on and off, before I did another MSc for a year in London. Now I have my own Ltd and continue working in the UK. I hold a residency card since 2011.
However in 2018, I spent 8 months on and off travelling to Belgium (usually Mon-Thu or Mon-Fri) and was employed through an umbrella company to work for a Belgian company. I'm pretty sure I've exceeded the 450 days in 5 years, if I take into account all my holidays the the rest of the 4 years.
Would that be regarded as exceptional circumstance, instead of me working in a Belgian company?
Shall I go ahead and spend the £1000 for my application? Should I verify with someone?
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 5:28 pm
by alterhase58
Have you reviewed the AN Guidance? Page 10 onwards gives details of what is acceptable.
https://www.gov.uk/government/publicati ... n-guidance
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 5:43 pm
by daqm
Thanks for your reply, however this is the most recent booklet to anyone readind this post:
https://assets.publishing.service.gov.u ... oklet_.pdf
I have read the clause regarding the days out, and from what I infer, it can be regarded as exceptional circumstances and is to the discretion of the HO to grant citizenship or not. And I don't want to spend £1000 and leave it to some person's discretion...
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 5:48 pm
by MsSteel
Hi, you mentioned holding a residency card...do make sure the
Type of Document section in your blue card lists it as
Document Certifying Permanent Residence (PR) and NOT
Registration Certificate. This is a common mistake made by many who got their AN application refused. Thought I'd throw it out there in case you're unaware
daqm wrote: ↑Sun Apr 07, 2019 5:03 pm
I have been in the UK since 2004, I studied here and my home and wife (she's EU) is here. I'm from EU as well. I have been working in the UK since 2008, on and off, before I did another MSc for a year in London. Now I have my own Ltd and continue working in the UK. I hold a residency card since 2011.
However in 2018, I spent 8 months on and off travelling to Belgium (usually Mon-Thu or Mon-Fri) and was employed through an umbrella company to work for a Belgian company. I'm pretty sure I've exceeded the 450 days in 5 years, if I take into account all my holidays the the rest of the 4 years.
Would that be regarded as exceptional circumstance, instead of me working in a Belgian company?
Shall I go ahead and spend the £1000 for my application? Should I verify with someone?
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 5:56 pm
by daqm
MsSteel wrote: ↑Sun Apr 07, 2019 5:48 pm
Hi, you mentioned holding a residency card...do make sure the
Type of Document section in your blue card lists it as
Document Certifying Permanent Residence (PR) and NOT
Registration Certificate. This is a common mistake made by many who got their AN application refused. Thought I'd throw it out there in case you're unaware
Good point, thanks. It's the residency card. It's the blue one that reads UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE. Like this one:
eea-route-applications/eea2-form-where- ... 83561.html
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 6:04 pm
by MsSteel
Well in that case you haven't got PR.
daqm wrote: ↑Sun Apr 07, 2019 5:56 pm
MsSteel wrote: ↑Sun Apr 07, 2019 5:48 pm
Hi, you mentioned holding a residency card...do make sure the
Type of Document section in your blue card lists it as
Document Certifying Permanent Residence (PR) and NOT
Registration Certificate. This is a common mistake made by many who got their AN application refused. Thought I'd throw it out there in case you're unaware
Good point, thanks. It's the residency card. It's the blue one that reads UK RESIDENCE DOCUMENTATION FOR A NATIONAL OF AN EEA STATE. Like this one:
eea-route-applications/eea2-form-where- ... 83561.html
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 6:08 pm
by daqm
Nice one thanks, I wasn't aware of the group. I'll go check.
Also, I just checked the link and it turns out I have a "Registration Certificate" and not a "Document Certifying Permanent Residence". Damn!
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 6:34 pm
by MsSteel
Looks like your options are to either pay £65 to apply for PR and if the HO deem you to have acquired it over a year ago (they'd list this date in the PR approval letter), you can then proceed with your naturalisation application
or
Apply for Settled Status for free and wait a year before applying for citizenship.
In any case, I'd consult an immigration lawyer due to your absences issue.
daqm wrote: ↑Sun Apr 07, 2019 6:08 pm
Nice one thanks, I wasn't aware of the group. I'll go check.
Also, I just checked the link and it turns out I have a "Registration Certificate" and not a "Document Certifying Permanent Residence". Damn!
Re: More than 450 days outside the UK
Posted: Sun Apr 07, 2019 8:05 pm
by alterhase58
straight from the gov.uk website:
https://www.gov.uk/government/publicati ... n-guidance
Published 22 March 2019