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EEA Residency - Studying

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ukresident987560
Newly Registered
Posts: 1
Joined: Mon Sep 25, 2017 1:45 pm
Bulgaria

EEA Residency - Studying

Post by ukresident987560 » Mon Sep 25, 2017 1:53 pm

Hi,

I have found the topics in this forum very helpful and I thought you can potentially help me with my rather complex situation.

I have been in the UK for almost 9 years, I applied for residency card in August but I am still waiting for a reply. I am not sure when the reply will come but I have plans to go and study abroad from October onwards but want to be able to come back in the UK after a year. I wanted to receive my residency card so i can apply for naturalisation straight away but i still haven't heard from them. If i leave to study in October, I might be over the 90 days period, which means I can not apply for naturalisation.

I am concern that even if i come back after a year i will not meet then the 450 days. Thus, I am not sure if there is some exemptions for people who are going to study abroad which the government will consider?

Thus, my question is if you know about some exemptions for people who are studying abroad, which will essentially help me not to count this period of time now or when I am back?

I find it very unfair that after 9 years here and with Brexit i might not be able to apply just because i will be away for a period of time to study abroad.

Any advice will be of a help. I am very worried I won't be able to make it. Any advice on approach will be appreciated.

Thank you very much!

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: EEA Residency - Studying

Post by secret.simon » Mon Sep 25, 2017 3:46 pm

Your question is not about EEA migration, but about the requirements for British naturalisation. Can this thread be moved accordingly?
ukresident987560 wrote:
Mon Sep 25, 2017 1:53 pm
Thus, I am not sure if there is some exemptions for people who are going to study abroad which the government will consider?

Thus, my question is if you know about some exemptions for people who are studying abroad, which will essentially help me not to count this period of time now or when I am back?

I find it very unfair that after 9 years here and with Brexit i might not be able to apply just because i will be away for a period of time to study abroad.
(a) Life is unfair. One needs to get on with living life. Learn the rules and follow them, rather than try to bend the rules to fit your lifestyle.

(b) There is no specific exemption for studies abroad. There is a certain amount of discretion that can be exercised if specific conditions are met. See below.

The requirements for British naturalisation are the same for both EEA and non-EEA citizens, though the proof required is different due to the lack of passport stamps in the passports of EEA citizens to prove absence from the UK.

See pages 7-11 of the Booklet AN to understand how discretion is exercised when it comes to absences from the UK. Also have a read of the Naturalisation Nationality Guidance.

Can the course of studies be deferred? If that is an option, you would be advised to exercise that option.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

EEA National
Junior Member
Posts: 75
Joined: Wed Aug 23, 2017 5:00 pm
Bulgaria

Re: EEA Residency - Studying

Post by EEA National » Mon Sep 25, 2017 7:44 pm

ukresident987560 wrote:
Mon Sep 25, 2017 1:53 pm
Hi,

I have found the topics in this forum very helpful and I thought you can potentially help me with my rather complex situation.

I have been in the UK for almost 9 years, I applied for residency card in August but I am still waiting for a reply. I am not sure when the reply will come but I have plans to go and study abroad from October onwards but want to be able to come back in the UK after a year. I wanted to receive my residency card so i can apply for naturalisation straight away but i still haven't heard from them. If i leave to study in October, I might be over the 90 days period, which means I can not apply for naturalisation.

I am concern that even if i come back after a year i will not meet then the 450 days. Thus, I am not sure if there is some exemptions for people who are going to study abroad which the government will consider?

Thus, my question is if you know about some exemptions for people who are studying abroad, which will essentially help me not to count this period of time now or when I am back?

I find it very unfair that after 9 years here and with Brexit i might not be able to apply just because i will be away for a period of time to study abroad.

Any advice will be of a help. I am very worried I won't be able to make it. Any advice on approach will be appreciated.

Thank you very much!
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