Will I be able to apply for permanent residence

[Fxxxit]

Hi.

I am a non-EU married to a Spanish citizen and we have been living in the UK form Oct 2008 to Nov 2012. I took a 4 month sabbatical from work to travel in Australia but since being here my UK company has offered me a job here in Australia. I am aware of the "450 days outside UK" rule but we will probably be staying in Australia for 2 years. How will this affect my situation when I do go back and apply for UK citizenship?

Thanks

[vinny]

Hi.

I am a non-EU married to a Spanish citizen and we have been living in the UK form Oct 2008 to Nov 2012. I took a 4 month sabbatical from work to travel in Australia but since being here my UK company has offered me a job here in Australia. I am aware of the "450 days outside UK" rule but we will probably be staying in Australia for 2 years. How will this affect my situation when I do go back and apply for UK citizenship?

Thanks

If you left the UK before Oct 2013, then it looks like you may break the continuity of residence required for PR.

You may have to start all over again.

[wiggsy]

Hi.

I am a non-EU married to a Spanish citizen and we have been living in the UK form Oct 2008 to Nov 2012. I took a 4 month sabbatical from work to travel in Australia but since being here my UK company has offered me a job here in Australia. I am aware of the "450 days outside UK" rule but we will probably be staying in Australia for 2 years. How will this affect my situation when I do go back and apply for UK citizenship?

Thanks

If you left the UK before Oct 2013, then it looks like you may break the continuity of residence required for PR.

You may have to start all over again.

four months doesnt break continuity. but before taking up the job, ensure that you get PR first... and note: PR is lost with an absence of two years...

do you have a right to live/work in australia?

obviously, your the one who needs to decide what is best for you... - PR onto citizenship, or end up having to start 5 years again after working in australia...

[Fxxxit]

Hi

Thanks for the replies. Before we came over there was always the possibility of the company sponsoring me so did my homework before coming over. I found some posts saying that if you come over for work (for a UK company) it doesn't count towards the 450 days (cant find them now unfortunately). I don't have the right at the moment but the company is busy with my application.

The other option is to leave Australia after a year. Assuming I have less than 450 days outside the UK does that all sound good?

Thanks

[wiggsy]

Hi

Thanks for the replies. Before we came over there was always the possibility of the company sponsoring me so did my homework before coming over. I found some posts saying that if you come over for work (for a UK company) it doesn't count towards the 450 days (cant find them now unfortunately). I don't have the right at the moment but the company is busy with my application.

The other option is to leave Australia after a year. Assuming I have less than 450 days outside the UK does that all sound good?

Thanks

an absence of up to 1 year is allowed for a posting abroad ... this will not remove your 5 year PR...

however: you wont be able to have one year plus six months etc... as far as im aware?

with ? 8 ? months to go. is it worth the risk. cant you wait? - is it worth starting again?

[nidaulhaque]

Hi

Thanks for the replies. Before we came over there was always the possibility of the company sponsoring me so did my homework before coming over. I found some posts saying that if you come over for work (for a UK company) it doesn't count towards the 450 days (cant find them now unfortunately). I don't have the right at the moment but the company is busy with my application.

The other option is to leave Australia after a year. Assuming I have less than 450 days outside the UK does that all sound good?

Thanks

an absence of up to 1 year is allowed for a posting abroad ... this will not remove your 5 year PR...

however: you wont be able to have one year plus six months etc... as far as im aware?

with ? 8 ? months to go. is it worth the risk. cant you wait? - is it worth starting again?

no absence one year is too much, them 450 days for whole 5 years and for any year you are allowed 6 months (180) in one year.

[Jambo]

There are two issues in hand here.

- Getting Permanent Residence under the EEA regulations (requires 5 years of residence in the UK. Although absences are allowed).
- Getting British citizenship (requires less than 450 days of absence in 5 years).

You need PR before apply for BC.

If you are going to stay for a lengthy duration (2 years), you will need to start from 0 once you are back.

All absences outside the UK count. It doesn't matter that you are posted by a British company.

[Fxxxit]

Thanks everyone

@wiggsy Yeah it is so close however opportunity presented itself now and 1 month ago I could still have walked away but have now signed a year contract on my apartment and furnished it so that's that.

@Jambo that is very clear, thanks. It is a pain but in the long term (after these 1 or 2 years in Australia) we will be living in the UK anyway so starting from 0 is not the end of the world.

Cheers

[wiggsy]

so starting from 0 is not the end of the world.

unless the UK does leave the EU like theres all the noise about... (not likely that it'ld happen over night... but would be a rather annoying if it did happen...