naturalisation--break in residence?

[wigman]

Hi,

New to the board, please be gentle! I read through the FAQ but didn't find an answer to my particular question.


I've been in the UK since 2005. Between 2005 and August 2012, I was a non-EU citizen and had the appropriate visas to remain/work. In 2012, I succesfully applied for EU citizenship (non UK). In August 2012, my leave to remain was expiring and my EU citizenship for was still outstanding, so I left the UK (before expiry of my leave) to finish that process off. I was away until October 2012 (so two months), without having any ongoing permission to live/work in the UK during that time. That was the only time in the last 12 years when that was the case. I then got my EU passport and returned in October, exercising Treaty rights. I later obtained EEA1 and, in June 2016, my ILR (this was obtained based on 'long residence' i.e. 10 years continuous residence. My application highlighted the 2012 absence period but this was not a barrier under the ILR rules). I don't fall foul of the maximum days away rules for citizenship.

My question is about the 5 years' residence rule before being able to apply for naturalisation. Ideally, I would like to apply for naturalisation as soon as I can (I have a citizenship checking service appointment in June). The issue is whether the August-October 2012 period (when I was out of the UK and did not have leave to return) disqualifies me from applying in June, due to the 5 year continuous residence rule not being met by June? That 2-month break wasn't a problem when applying for ILR (as I left when I still had leave and returned as an EU citizen within 2 months) but I appreciate the rules for naturalisation may be different. Logically, if the Home Office was happy that I have 10 years' continuous residence as of June 2015 and I have had a year of residence since, then one would think that I'd also have 5 years' elegible residence---but of course immigration law isn't always logical.

The alternative is waiting until October 2017 to apply--as the 5 years (including 1 year with ILR) would then be clearly met. However, I am really reluctant to wait if I can apply in June instead

Any thoughts on this issue and any links to relevant guidance etc would be most appreciated. I had a look at the Annex dealing with Residency but it seems to not really deal with my issue.

Many thanks in advance.

[secret.simon]

To start with, understand that naturalisation is not a part of the immigration process, which terminates at ILR/PR, but an entirely different process, with different rules, under different laws.

Primarily, naturalisation is interested in your absences in the past five years, along with the additional requirement that at the start of the five years period, you must have been physically present in the UK. So, if you were not in the UK between August and October 2012, you can not apply for naturalisation between August and October 2017.

You also need to have been settled (ILR/PR status) for a year. As you were granted ILR in June 2016, you can apply any time between June 2017 to August 2017 or after October 2017.

Finally, your entire immigration history will be reviewed to see if you had overstayed and/or worked when you were not allowed to, as this may affect the "good character" requirements. Strictly speaking, this is not a residence requirement, but an assessment of whether you are a person of good character.

[wigman]

Hi Simon,

Thanks very much for your helpful reply.

In terms of the my proposed June application date:

--I woud have been lawfully present in the UK, on the date of the application minus 5 years (i.e. 17 June 2012)

--I haven't been out of the UK for more than 450 days over the last 5 years

--I never had any period of overstaying or working without permission

--I'll have had ILR for a year and fewer than 90 days absent in that period

So, as I understand your reply correctly, my period of absence b/w August and October 2012 (when I didn't have leave to remain or an EU passport) is not a barrier to applying in June 2017, so long as I fulfill the other requirementes above? In other words, there is no requirement for naturalisation application to have had uninterrupted entitlement to live in the UK over the last 5 years, so long as one doesn't go over the absences threshold?

[wigman]

Hi again,

In addition to my question above re: gaps (which I would still appreciate help on),I was just looking at some of the Naturalisation guidance on the forum. It says that the applicant must have been resident in the UK for 6 years (the last 12 months with ILR). My understanding was that the total necessary period is 5 years, with the last 12 months (i.e. after 4 years of conditional residency) being unrestricted (with ILR). Did I get that completely wrong?

[CR001]

You need 5 years residence to get ILR/PR. You need 12 months on that status before you can apply for citizenship, so yes 6 years. However, citizenship residence requirement is the 5 years immediately preceding the date of application which must include the 12 months on PR/ILR (assuming not married to a British citizen)