Immigrationboards.com

This question is in relation to my son who is an EU citizen and has been granted ILR/"settled status" after just under 4 years of residence (via a family route). We'd like to submit his application for citizenship as soon as possible. I would like to verify that he actually will fulfil the residence requirement at the time of applying as we think he will. The situation is as follows.

We are counting the 5-year period from December 2015 to December 2020, where we calculated 234 days absent.

Arrival in the UK: 22nd Dec '15
Gap 1: 4th Jan '16 - 15th Jan '15 (11 days)
Gap 2: 1st Feb '16 - 28th Jun '15 (148 days)

After June 2016, he had less than 80 days spent abroad combined and we are not expecting more than 15 days in the 12 months preceding the application. We are hoping to submit the application at the end of December 2020, also fulfilling the requirement of holding ILR for more than 12 months (granted Oct '19).

My one concern is whether the period between Dec '15 & June '16 can be counted as residence. He was school age at the time and that combined 160 days spent away from the UK was to complete secondary school in Portugal. He then continued his eduction and is now working in the UK.

Am I right in thinking that the Dec '15 - Jun '16 period can in fact be counted towards residence? Or, do we in fact have to count the 5-year period from June '16 and therefore cannot apply in Dec '20?

How old is he?? If he is 18 or over, he must have 5 years physical residence which must include 1 year on settled status. If he arrived in the UK on 22 December 2015, he can apply on 22nd December 2020.

He also need liuk test and must meet the B1 English requirement and must meet the absence limits of 450 days in the whole 5 years and 90 days in the final 12 months. He will also have to submit evidence of residence for the 5 years as an EU citizen.

Note that citizenship is strict with residence and physically present rules. What applies to settled status or PR does not necessarily apply to Nationality laws.

CR001 wrote: ↑

Wed Jan 08, 2020 10:41 pm

How old is he?? If he is 18 or over, he must have 5 years physical residence which must include 1 year on settled status. If he arrived in the UK on 22 December 2015, he can apply on 22nd December 2020.

He also need liuk test and must meet the B1 English requirement and must meet the absence limits of 450 days in the whole 5 years and 90 days in the final 12 months. He will also have to submit evidence of residence for the 5 years as an EU citizen.

Note that citizenship is strict with residence and physically present rules. What applies to settled status or PR does not necessarily apply to Nationality laws.

He is over 18. I am aware of the language/Life in the UK test and residence restrictions on the final 12 months.

My only concern is whether the first 7 months can be counted as residence. He is well below the 450 days (no chance of exceeding 250 days over entire 5yrs including the upcoming year) my doubt is if being school age but not attending school in the UK but abroad instead is permissible. Is there any official source I can seek advice from?

If he wasn't here, it is counted towards his absence limit. There is no distinction or penalty for citizenship between different types of absence, it all counts as simply absence.

He must have been physically present at the start of the 5 year period (to the day) corresponding to the date he submit and pays online on form AN.

That's it. Clearly explained in the form AN guide.