Application without the minimum days in the U.K.

[DarkOrion]

Hi everybody,

I have a question, I did a quick search but nothing relevant came up. I am a EU citizen and in a few days, it will be 6 years since I first arrived in London. I am a research student, I had a bursary for a couple of years, I also had a PAYE job (with full National Insurance Number and everything) for 6 months or so. I have a permanent address (bank statement being delivered to a friend's address with my name on it) and a statement from the University saying that I am full time for the last 6 years. Bank account is active.

I want to apply for the citizenship, but even though I will have completed the 6 years minimum stay, I will not have the minimum days required to be in the U.K. (less than 540 in the last 5 years). I am travelling a lot, spending quite some time in other countries and right now, I am not in the U.K. My questions is if this is a major problem, if this is something that they usually check and also what is the punishment if they find out that you were away for more than 540 days. Is it just that they reject the application? Or is it something more serious like banning you from entering the country for good?

Thank you in advance!!

[secret.simon]

During your time as a student, when you were not employed, did you have either comprehensive sickness insurance or an EHIC card from another EEA state? If you did not, you are not counted as having exercised treaty rights and your application will fail on those grounds. Likewise if you are from an A8 country and you were not registered on WRS before 1st May 2011.

You also need to be in the UK five years to the day on the day of your application. So, if you apply today, the application will be rejected if you were not in the UK on 13th July 2011.

There is a level of discretion about the residence requirement, but it is circumscribed by guidelines, which I suggest you read.

I would recommend postponing the application until such time as you meet the requirements as I do not think a reasonable caseworker would exercise discretion in your favour.

If your application is refused, there is no change to your underlying residency status.

[DarkOrion]

Greek citizen, EU health insurance card and public and private health insurance in Greece for the first years plus Swiss health insurance for the last 2,5 years, covering everything abroad. On top of that, as a student I had a GP and everything provided by the university, don't know if that counts. How can I prove that I had health insurance during those years? Do I need a statement from each insurance company?

Also, I was (physically) in the UK exactly 5 years before my application. How can I prove that though? Or is it not up to me to prove and they have their way to check?

P.S. My absence from the U.K. is directly related to my research work. I am working on a research project in Switzerland which is related to my work at the university, where I am working towards a Ph.D. degree. Does this help?

[secret.simon]

Greek citizen, EU health insurance card and public and private health insurance in Greece for the first years plus Swiss health insurance for the last 2,5 years, covering everything abroad. On top of that, as a student I had a GP and everything provided by the university, don't know if that counts. How can I prove that I had health insurance during those years? Do I need a statement from each insurance company?

I presume that you would have documentation stating your cover for private medical insurance. That, and the physical EHIC cards, should be sufficient. The GP provided by the university does not count for the purpose of exercising treaty rights.

Also, I was (physically) in the UK exactly 5 years before my application. How can I prove that though? Or is it not up to me to prove and they have their way to check?

It is for you to prove by a list of your travels abroad, including within the EEA. If you were to lie (not that you have any intention), and they found out, it is a straight ten-year ban for citizenship.

P.S. My absence from the U.K. is directly related to my research work. I am working on a research project in Switzerland which is related to my work at the university, where I am working towards a Ph.D. degree. Does this help?

There is something in the guidelines that I linked to above about work-related absences. I am not sure if PhD research classifies as work or studies.

EDIT: I had a re-read. Section 4.1.2.c does not seem to cover PhD studies as it talks of "UK-based business or employment".

As an aside, have you looked at getting Swiss citizenship? I believe that it is canton-based and that each canton has different rules on citizenship. You may also wish to explore that possibility.

[DarkOrion]

Thanks for your reply!

1) I have documentation for medical health insurance, no problem with that. I am not sure that I have the cards though, I will try to find them.
2) My intention is not to lie, I am just examining if I am eligible for such a thing.
3) I will have a look at the document you attached, but my situation is not very typical. I am a Ph.D. student in the U.K. but a regular employee in Switzerland (residence permit, compulsory health insurance, etc.). My research work in switzerland is directly related to my university work... I will examine the document thoroughly.
4) Swiss citizenship is not so easy to get... Lots of requirements and interviews...