Time outside the UK

[fred5612]

Hello, I am an Italian citizen moving to the UK in September and seeking to become a citizen.

I have read that the maximum allowed time away from the UK is of 450 days in a 6 year period before you must restart the residency requirement all over again.

Since in March I will have to leave for 350 days, I was wondering if the days spent abroad would count towards my naturalization or not.

Simply explained:

>Go to UK in Sept (wait time 6 years before naturalization) >Stay six months. >Leave for 350 days (approximately a year) >Move back to UK, 4.5 years left before naturalization.

Or

>Go to UK in Sept (wait time 6 years before naturalization) >Stay six months. >Leave for 350 days (approximately a year) >Move back to UK, 5.5 years left before naturalization.

Sorry for the complex question and thank you very much in advance.

[Jambo]

To be able to apply for citizenship, you will first need to become a Permanent Residence. Under EU regulations, you will need to exercise treaty rights in the UK for 5 years to acquire PR status. You are allowed up to 6 months a year to be outside the UK, or up to 1 year due to military service or important reasons (childbirth, serious illness, study etc).

What will you been doing in the UK (working, studying etc.) and why are leaving the UK for 350 days?

[fred5612]

To be able to apply for citizenship, you will first need to become a Permanent Residence. Under EU regulations, you will need to exercise treaty rights in the UK for 5 years to acquire PR status. You are allowed up to 6 months a year to be outside the UK, or up to 1 year due to military service or important reasons (childbirth, serious illness, study etc).

What will you been doing in the UK (working, studying etc.) and why are leaving the UK for 350 days?

In the UK I will be studying at a university.

I am leaving for 350 days because I volunteered to join the Italian Army and the contract is 350 days long. Does that count as military service?

[Jambo]

It this is to join the army (even voluntary), you should be OK.

Please note that in order for students to exercise treaty rights in the UK, you will need medical insurance. The easiest would be if you can get EHIC card from Italy. Otherwise, you will need to take private insurance in the UK.

Will you be visiting the UK during the army service in Italy? If not, you will only be able to apply for British citizenship 5 years after you return as you need to have been physically in the UK the same day 5 years back from the date your application is received (so if your application is received on 1st September 2017, you would have needed to be in the UK in 1st September 2012).

This is all based on the current rules which might change 6 years down the line.

[fred5612]

It this is to join the army (even voluntary), you should be OK.

Please note that in order for students to exercise treaty rights in the UK, you will need medical insurance. The easiest would be if you can get EHIC card from Italy. Otherwise, you will need to take private insurance in the UK.

Will you be visiting the UK during the army service in Italy? If not, you will only be able to apply for British citizenship 5 years after you return as you need to have been physically in the UK the same day 5 years back from the date your application is received (so if your application is received on 1st September 2017, you would have needed to be in the UK in 1st September 2012).

This is all based on the current rules which might change 6 years down the line.

It is possible for me to visit the UK during my service in the Italian Army, it is also possible for me to get an EHIC card from here. On a guide in the UKBA website I found this:

"For your residence in the United Kingdom to be considered continuous, you should not be absent
from the United Kingdom for more than six months each year. Longer absences for compulsory
military service will not affect your residence."

It denotes that the service must of compulsory type...Whom might I contact to ask this specific question?

Also, supposing going as a volunteer doesn't count, if I go to the UK on the 12th of September 2011, then leave for the army in March and go back for a short period of time in September 2012 would that "reboot" my days and give me an extra six months of available leave without having to sacrifice the whole year?

[Jambo]

On a guide in the UKBA website I found this:

"For your residence in the United Kingdom to be considered continuous, you should not be absent
from the United Kingdom for more than six months each year. Longer absences for compulsory
military service will not affect your residence."

It denotes that the service must of compulsory type...Whom might I contact to ask this specific question?

The EU directive states:

The validity of the residence card shall not be affected by temporary absences not exceeding six
months a year, or by absences of a longer duration for compulsory military service or by one
absence of a maximum of twelve consecutive months for important reasons such as pregnancy and
childbirth, serious illness, study or vocational training, or a posting in another Member State or a
third country.

I would argue that even if it is not compulsory, as it is less than 1 year, it is allowed (if it was compulsory, it could be longer than 1 year).

Also, supposing going as a volunteer doesn't count, if I go to the UK on the 12th of September 2011, then leave for the army in March and go back for a short period of time in September 2012 would that "reboot" my days and give me an extra six months of available leave without having to sacrifice the whole year?

It's is six months within one year. You can't just reset the clock by a single visit. However, you will be fine as one absence for 12 months is allowed in your case.

[fred5612]

On a guide in the UKBA website I found this:

"For your residence in the United Kingdom to be considered continuous, you should not be absent
from the United Kingdom for more than six months each year. Longer absences for compulsory
military service will not affect your residence."

It denotes that the service must of compulsory type...Whom might I contact to ask this specific question?

The EU directive states:

The validity of the residence card shall not be affected by temporary absences not exceeding six
months a year, or by absences of a longer duration for compulsory military service or by one
absence of a maximum of twelve consecutive months for important reasons such as pregnancy and
childbirth, serious illness, study or vocational training, or a posting in another Member State or a
third country.

I would argue that even if it is not compulsory, as it is less than 1 year, it is allowed (if it was compulsory, it could be longer than 1 year).

Also, supposing going as a volunteer doesn't count, if I go to the UK on the 12th of September 2011, then leave for the army in March and go back for a short period of time in September 2012 would that "reboot" my days and give me an extra six months of available leave without having to sacrifice the whole year?

It's is six months within one year. You can't just reset the clock by a single visit. However, you will be fine as one absence for 12 months is allowed in your case.

Thank you! You have been incredibly helpful!

[fred5612]

I still fail to understand one detail though...

Compulsory military service in Italy ended in the 90s and now the Italian army is made 100% of volunteers, why exactly do you say that I will not break my residency period if I go to voluntarily serve in my army for about one year?

Thank you for all your insightful replies.

[Jambo]

As the directive states, you will not break your residency if you leave temporary for an important reason. The HO might have a different view on this but military service (even if voluntary) sounds important to me (at least as important as vocational training or studying which are given as an example).