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Citizenship after career break

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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bambrala
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Citizenship after career break

Post by bambrala » Fri May 10, 2024 8:27 pm

Dear all,

I am an EU national who has been living in the UK for the last 5 years with settled status. After obtaining my settled status and MSc degree, I took a career break of 7 months to travel outside of Europe.

After that, I discovered a law saying that one cannot stay outside of the UK for more than 90 days in the 12 months prior to applying for citizenship. Given that I work in the NHS and remain employed, I would like to understand whether I am still eligible to apply for British citizenship. Alternatively, should I wait an additional 12 months before applying in the future?

Thank you for your assistance.

Best regards

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alterhase58
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Location: UK Bucks
Germany

Re: Citizenship after career break

Post by alterhase58 » Fri May 10, 2024 8:34 pm

As long as you maintain settled status/ILR in the UK and can comply with the requirements you will be eligible to apply. Whether it's now, in 12 months or 12 years. Absences up to 100 days for the past 12 months are normally disregarded. If it's more then it's normally best to wait until the number has reduced to less than 100. Being employed by the NHS doesn't give any preferential treatment, unfortunately. And employment as such is not a pre-requisite for naturalisation.

Guidance: https://www.gov.uk/government/publicati ... n-guidance
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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contorted_svy
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Joined: Fri Aug 05, 2022 6:10 pm
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Re: Citizenship after career break

Post by contorted_svy » Fri May 10, 2024 8:42 pm

bambrala wrote:
Fri May 10, 2024 8:27 pm
Dear all,

I am an EU national who has been living in the UK for the last 5 years with settled status. After obtaining my settled status and MSc degree, I took a career break of 7 months to travel outside of Europe.

After that, I discovered a law saying that one cannot stay outside of the UK for more than 90 days in the 12 months prior to applying for citizenship. Given that I work in the NHS and remain employed, I would like to understand whether I am still eligible to apply for British citizenship. Alternatively, should I wait an additional 12 months before applying in the future?

Thank you for your assistance.

Best regards

Could you clarify what you mean by "taking a career break" and "remaining employed"?

The guidance https://assets.publishing.service.gov.u ... t_2023.pdf states
Total number of absences normally disregarded only if all other
requirements are met and you have demonstrated links with the UK through presence of
family, and established home and a substantial part of your estate.
101 – 179 days
So if you can show the above you can apply now - otherwise you need to wait until your absences get below 100 days (absences between 90-100 days get disregarded).

Note that if your passport doesn't get stamped at entry in the UK you will need to prove your residence in other ways - a letter from your university stating you attended and got a degree, P60s, letters form employers, government letters, HMRC tax returns - but no utility bills or bank statements or tenancy agreements.
All advice comes from personal research and experience and should not be regarded as professional opinion.

bambrala
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Joined: Fri May 10, 2024 7:54 pm
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Re: Citizenship after career break

Post by bambrala » Sat May 11, 2024 8:52 am

When I refer to a career break, I mean that I took unpaid time off work for an extended period beyond the usual allowance. This means that even though I requested 160 days off from work, I am still legally employed within the NHS.

I'm unsure whether, by law, I needed to be physically present in the UK during this time or if the fact that I remained employed is sufficient.

I'm checking around to see if it's worth applying or not.

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alterhase58
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Re: Citizenship after career break

Post by alterhase58 » Sat May 11, 2024 9:33 am

bambrala wrote:
Sat May 11, 2024 8:52 am
When I refer to a career break, I mean that I took unpaid time off work for an extended period beyond the usual allowance. This means that even though I requested 160 days off from work, I am still legally employed within the NHS.

I'm unsure whether, by law, during this time or if the fact that I remained employed is sufficient.

I'm checking around to see if it's worth applying or not.
There is no issue at all with this, your employment arrangements or employment status have no bearing on the application.

You didn't have to be physically present in the UK and your employed status doesn't come into it in the first place.

If you were out of country it's 160 days in the past 12 months, which could be reduced to between 90-100 by waiting few months.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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contorted_svy
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Joined: Fri Aug 05, 2022 6:10 pm
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Re: Citizenship after career break

Post by contorted_svy » Sat May 11, 2024 9:50 am

bambrala wrote:
Sat May 11, 2024 8:52 am
When I refer to a career break, I mean that I took unpaid time off work for an extended period beyond the usual allowance. This means that even though I requested 160 days off from work, I am still legally employed within the NHS.

I'm unsure whether, by law, I needed to be physically present in the UK during this time or if the fact that I remained employed is sufficient.

I'm checking around to see if it's worth applying or not.
Thanks for clarifying - The only reason why this may be relevant is for you to have received a P60, which you need as proof of residence. As explained, you can wait for a couple of months without taking any trips abroad until your absences in the last year go below 100 and then apply without having to submit further evidence of your ties to the UK.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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