Citizenship eligibility after returning from secondment

[fotistso]

I am an EU citizen and have been living in the UK since 2002. I work full time since 2007 (I was studying before that) and I was sent to the US from my employer for a secondment for 2 years between 2012 and 2014. I am a permanent resident (i.e. I had to prove that so my son will get British citizenship) hence I have lived in the country for at least 5 consecutive years but not for the LAST 5 years.

Looking at the criteria on the citizenship on the official website it says that you must have lived in the UK for at least the 5 years before the date of your application but I've read on some forums (including the FAQs on this site) that being a permanent resident is sufficient.

Do you think I can apply for citizenship now using my permanent residency proof or I need to wait to compete again 5 consecutive years since the time I returned from my secondment? Any advice from anyone in a similar situation will be much appreciated.

[noajthan]

I am an EU citizen and have been living in the UK since 2002. I work full time since 2007 (I was studying before that) and I was sent to the US from my employer for a secondment for 2 years between 2012 and 2014. I am a permanent resident (i.e. I had to prove that so my son will get British citizenship) hence I have lived in the country for at least 5 consecutive years but not for the LAST 5 years.

Looking at the criteria on the citizenship on the official website it says that you must have lived in the UK for at least the 5 years before the date of your application but I've read on some forums (including the FAQs on this site) that being a permanent resident is sufficient.

Do you think I can apply for citizenship now using my permanent residency proof or I need to wait to compete again 5 consecutive years since the time I returned from my secondment? Any advice from anyone in a similar situation will be much appreciated.

You may have lost your PR status if you were out of UK for 2 years or more.
Did you return to UK at all during the 2 years?

When was PR acquired? pre-2012?
Do you have a confirmation of PR status (DCPR) and when was it issued?

When and how did you prove your status in connection with son's application?

If you have lost PR then how are you now exercising treaty rights?
was that from 2014?
- you probably don't have time to reacquire PR and DCPR before UK leaves EU.

Suggest you at least apply for a RC - EEA(QP).
For the rest you may have to rely on any transitional arrangements which may be put in place (yet TBC) for the '000s in a similar position to yourself.
And a RC will probably help as proof of current status.

For citizenship under section 6(1) of BNA (no British spouse), yes, 5 years residence is required;
including proof of physical presence in UK 5 years from date of application; absences to be within prescribed limits.

[fotistso]

Thanks for the reply.
For PR you only need 5 consecutive years (not the last 5) so I had no problem proving this. I did not need to get a card, I was just asked to provide proof that I meet the criteria (i.e. P60s for 5 consecutive years).
I don't believe that if you are away you lose your PR as I called the relevant government office and explained that I was away for 2 years and I was told that this is not a problem for the PR.
I think, as you suggested I will start with the RC card and take it from there.

[ohara]

You will normally lose PR status if you are out of the country for 2 continuous years.

[noajthan]

Thanks for the reply.
For PR you only need 5 consecutive years (not the last 5) so I had no problem proving this. I did not need to get a card, I was just asked to provide proof that I meet the criteria (i.e. P60s for 5 consecutive years).
I don't believe that if you are away you lose your PR as I called the relevant government office and explained that I was away for 2 years and I was told that this is not a problem for the PR.
I think, as you suggested I will start with the RC card and take it from there.

Of course PR may be acquired back in the day; the trick is to hang onto it.

To acquire the holy grail of PR takes 5 continuous years as a qualified person and with any/all absences to be kept within prescribed limits.

Which 'government office' did you call'?
HO helpline is notoriously unreliable and advice received should be taken with a pinch of salt and/or not acted on.
The advisors cannot be held accountable for any actions you may take based on their 'advice'.

PR status is lost after 2 years absence from UK.
That's as per EU law which is also transposed into UK law. Its not negotiable and an advisor cannot talk that away.

Did you come back to UK during your 2 year trip to USA?

Did you mention your 2 years absence when applying for son?
If not your son's status (citizenship) may be in doubt too (as well as your own).

[secret.simon]

Rule No. 1 on these forums: Do not trust the Home Office phone line.

PR is lost if you have been away for two continuous years (See Subsection 2 of Regulation 15). So, you may wish to verify whether you have been out of the country for two continuous years.

Naturalisation and PR are administered under different laws. Naturalisation looks at the last five years, PR at any five continuous years.

To apply for naturalisation, among other things, you are required to have held PR for at least one year immediatly preceding the application, meet the absence requirements of less than 450 days in the past five years and 90 days in the past year AND to have been in the UK at the start of the five year period. You seem to fail both of the first two requirements.