Return to the UK and PR/Citizenship application

[mindboggler]

Hello,

I would like to ask for an advice in my case which is not the most straightforward but I will try to supply as much information as possible so you guys can access the situation. Overall, my goal is to get PR and citizenship as soon as possible.

I came to the UK in 2008 as a student (EU citizen). I graduated in December 2009 and started working as an employee. I worked until December 2014. After that I went to another EU country (where I am currently) working for a British company. At the moment there is opportunity for me to come back to the UK.

If I rush it and come back before December I can have less than 2 years absence from the country. My questions are as follows:

- Did I automatically receive PR on the basis of me exercising my treaty rights for 5 years (or to keep that status) and can I obtain a document on this basis. (I understood that now it is a requirement to hold such a document before applying for citizenship).

- When applying for citizenship what are my chances of receiving discretion on my long absence from the UK (more than 450 days) on the basis that I have worked for a UK company abroad (I believe that was one of the exceptions on the citizenship application)

Overall, it is important for me to assess my situation beforehand before making such an important professional and life decision as to return to the UK. I do apologize for the long first post and appreciate all your advices and opinions

[noajthan]

You may have acquired the holy grail of PR.
Are you an A8 national?
Did you have CSI as a student?

Why do you think work gives exemption from absences?
You will probably have to demonstrate residence over a longer period and/or defer application to naturalise.

[secret.simon]

Assuming that you have automatically acquired PR, and that is based on your answer to noajthan's questions, you will retain PR if you return before December 2016.

However, you are highly unlikely to get discretion for an absence of two years for any citizenship application.

I think the paragraph that you are relying on is from Page 8 of the Booklet AN.

An unavoidable consequence of the nature of your work. For example,if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad;

Note that it suggests that discretion would be considered if it is an unavoidable consequence of your work, not if you decided you station yourself abroad. Also, from the examples given, I would aver that the idea is that you were resident in the UK, but had absences from the UK to frequently travel abroad for work. That is not the same as moving to another country and settling there.

If your absences come to under 730 days (2 years), discretion can be exercised if you can show that you have been resident in the UK for at least seven years (sounds like you have) and that your home and the major part of your estate is in the UK. But remember that naturalisation is a privilege and a grant and not an automatic assumption like PR.

I would say that your best bet is to check that you have actually acquired PR and then to apply for a DCPR to document that.

[mindboggler]

Thanks to both of you for your replies.

Are you an A8 national? - No, I am an A2 national
Did you have CSI as a student? - I was a student from 09/2008 to 12/2009 (Graduation). I thought the CSI requirement applied at a later date and is not applied retrospectively.

"If your absences come to under 730 days (2 years), discretion can be exercised if you can show that you have been resident in the UK for at least seven years (sounds like you have) and that your home and the major part of your estate is in the UK. But remember that naturalisation is a privilege and a grant and not an automatic assumption like PR." - I am afraid I fall short of seven years (09/2008 - 12/2014) so I guess I won't be able to apply under this condition.

"I would say that your best bet is to check that you have actually acquired PR and then to apply for a DCPR to document that." - In general I understand that there won't be a way to apply for the citizenship after 1 year even if I manage to get PR. Does this mean that in a way my previous stay in the UK is "disregarded" and I should start counting six years from the time when I get the PR/Return to the UK? Hopefully I am missing something and won't need to wait for so long again

[noajthan]

No, that's a misunderstanding; CSI has always been required - as per EU law.

No CSI (or alternative/exemption) and your carefree student years count for nothing in terms of acquiring PR.

If you do get DCPR you won't have to wait 6 years from then.
You just have to meet absence requirements for naturalisation.
Check them out and simply wait until you meet them.

[mindboggler]

Hi noajthan,

"No, that's a misunderstanding; CSI has always been required - as per EU law." - can you please quite which law/rule do you have in mind and what are the exemption/alternatives. Or point me where to read about that. I have acquired a Blue Registration certificate (I understood this does not certify PR) and back then this condition was never mentioned. I think this started being enforced around 2011 if I am not mistaken.

"If you do get DCPR you won't have to wait 6 years from then.
You just have to meet absence requirements for naturalisation.
Check them out and simply wait until you meet them."

In my case this would mean 730 days of absence (December 2014 - Deceber 2016). So in case I manage to get the DCPR what would be the earliest time that I can apply for naturalisation?

Thanks in advance for your answers.

[noajthan]

Hi noajthan,

"No, that's a misunderstanding; CSI has always been required - as per EU law." - can you please quite which law/rule do you have in mind and what are the exemption/alternatives. Or point me where to read about that. I have acquired a Blue Registration certificate (I understood this does not certify PR) and back then this condition was never mentioned. I think this started being enforced around 2011 if I am not mistaken.

"If you do get DCPR you won't have to wait 6 years from then.
You just have to meet absence requirements for naturalisation.
Check them out and simply wait until you meet them."

In my case this would mean 730 days of absence (December 2014 - Deceber 2016). So in case I manage to get the DCPR what would be the earliest time that I can apply for naturalisation?

Thanks in advance for your answers.

Its EU law (transposed into UK law).

CSI:
https://www.whatdotheyknow.com/request/ ... issued.pdf

AN - absences:
https://www.gov.uk/government/uploads/s ... r_2016.pdf
- section 5

if your absences are up to 730 days we would expect you to have been resident in UK for past 7 years

- you know your own timeline and can do the maths.