EEA National - British citizenship question

[jnunez]

Hi all,

After reading few comments about EEA nationals applying for British citizenship I think I have a clearer idea about my current situation. I think I made mistake so I hope you can give me some advice.
I am Spanish national. I entered in the UK 19/10/2010 but I went back to Spain (22/12/2010) and then again to UK 10/03/2011.
I never considered applying for British citizenship but since this brexit I changed my mind as I find it very useful actually.
This year 2016 I qualify for EEA PR and I have applied for it. I have worked since April 2011.
So far so good.
So my mistake is I am moving to Gibraltar as I found a new job there. My daughter was born in UK so I wanted to stay close to the family (in Spain) for a while.
I can answer few questions myself but I would like to have some other points of view to save the situation.
I know that I need to hold my PR for 1 year before applying for British citizenship. I know Gibraltar is not considered as part of UK.
My first question is if I count since 2010 I have been for a period of 5 years and 9 months. If I count since 2011 it will be 5 years and 4 months. (2010 I can demonstrate job seeking). Which of those period is the correct one?
Is there any way of maintaining the EEA PR in order to apply for British citizenship?.

My new company has offices in London too. I think it would be an option to work there for a while. I would like to come back to UK. I just have done this while my daughter is still very little.
What can I do if I really want to keep any chances of getting the British citizenship?
Thanks in advance.

[noajthan]

If you have acquired the holy grail of PR it can only be lost by a 2 year absence from UK.

If you have rock-solid evidence of being a qualified person continuously for 5 years then your entry into UK from 2010 may be viable.
The 3 months absence is within the 6 months permissible per 12 month period.
So you could have acquired PR in 2015, possibly October.

Once you have PR there is no need to exercise treaty rights; (yes, free movement is that free and easy).
So if you acquired PR in late 2015 and then went to Gibraltar after that its not the end of the world. But do come back soon.

And you will need to meet the different absence requirements to successfully apply for the privilege of citizenship.

That is, no more than 450 days out of UK (in past 5 years), including no more than 90 days out of UK in the 12 months before filing application.
(There is some degree of discretion available here).
You can do the maths to see how that shapes up.

[jnunez]

Thanks for your reply. It sounds very interesting.

I've got emails sent and received in 2010 when I applied for certain jobs. I handed most of CVs in person to managers. In 2010 was actually when I requested my NIN, just arrived in UK. I think I've got enough evidences of looking for job.
So, in case that applies, I would be 5 years and 9 month already. I read somewhere that even if I apply for EEA PR later than the date when I am 5 years exercising traty rights, the whole period still counts. If I'm not wrong, that means when I receive my PR, it's been 9 months counting if I want to apply for British citizenship.

I know I am squeezing too much the dates but, would it be my best option finding a way to come back in October 2016 (which it's when I am 6 years in UK) in order to don't spend more than 90 days out of UK, stay for a couple of months and then apply for the British citizenship?.
(Bear in mind I will be moving to Gibraltar in August).