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Sabbatical and Naturalisation after Permanent residency

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Velmink
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Sabbatical and Naturalisation after Permanent residency

Post by Velmink » Mon Sep 09, 2013 9:56 pm

I am due to receive permanent residence as EEA partner around June 2014, and apply in the following summer 2015 for naturalisation.

I am an academic and next year is my sabbatical (full year, 2014-2015). I was hoping to go abroad for this period; however in order to be considered for naturalisation, I should not be out of the country for more than 6 months in any year of my 5 year residency in the UK.

However, there seems to be some leeway: Exempt for that are
"all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting."
http://www.ukba.homeoffice.gov.uk/briti ... uirements/

Does anyone know if sabbatical is considered "important reason"? If, for example, it involved field research in my area of studies?

Thank you

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Sep 09, 2013 10:13 pm

How did you calculate that June 2014 is the PR date?

When exactly does your sabbatical start? Will you be retaining your house in the UK?

Velmink
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Post by Velmink » Mon Sep 09, 2013 10:24 pm

I have been in the UK as a spouse of EU national since January 2009. I therefore am planning to apply for permanent residence on January 2014, and (judging on previous experience) expecting to receive it around June-August 2014.

While there is no exact "start date" for the sabbatical, I am relieved from teaching for the year 2014-2015, that is, from October 2014. I will be retaining my home in the UK for that year.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Sep 09, 2013 10:30 pm

So if you meet the PR requirements (e.g. EU wife was working within three months of arriving and you were pretty much continually resident in UK) , then the PR itself happens automatically in January. The PR card is just a confirmation.

So you could apply for naturalization in Jan 2015. If you left the UK in October, then you will only have been away for a limited time and likely meet the requirements (which also include intending to stay in the UK).

Requirement:
not to be absent from the UK for more than 90 days in the period of 12 months
ending with the date of the application
Will you be doing sabbatical somewhere close, like Europe?

See also https://www.whatdotheyknow.com/request/ ... idence_aft

Velmink
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Post by Velmink » Mon Sep 09, 2013 10:45 pm

Thank you, that's very helpful. As for the Sabbatical, I am not sure yet; I'll be either in the Middle East or Europe, or (least likely) the USA. But before embarking on organising this I wanted to make sure I can actually travel during this period and not jeopardise my naturalisation application.

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Post by Directive/2004/38/EC » Mon Sep 09, 2013 10:50 pm

You will have PR.

You have to meet the 270 days in 5 years requirement, as well as the 90 days in the past year. You might be able to do that a year or so after returning from sabbatical.

I recommend you fill out that naturalization form now as a form of practice. Specifically do the catalogue of times you have been out of the UK.

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Post by Velmink » Mon Sep 09, 2013 11:36 pm

Thank you.

I am now going over my departures and I realise I will be over 270 days of absence from the UK. But the website says 450 days, doesn't?
http://www.ukba.homeoffice.gov.uk/briti ... uirements/

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Post by Directive/2004/38/EC » Mon Sep 09, 2013 11:38 pm

Sorry, you are right. The 270 is over three years only when your spouse in British.

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Post by Directive/2004/38/EC » Mon Sep 09, 2013 11:39 pm

So you might be able to meet the requirements when your PR happens.

Or you might be able to do it 9 months after you get back from sabbatical.

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