Working In france but Living in the UK

[alusto]

My Father who is a british citizen is currently living with us in the UK and wants to open a business in france with my uncle. Everyone else is living on a setllement visa that gives us citizenship after 5 more years. Is there any way to be able to travel more than 90 days a year to go watch over his business in France or is this not allowed?

[noajthan]

My Father who is a british citizen is currently living with us in the UK and wants to open a business in france with my uncle. Everyone else is living on a setllement visa that gives us citizenship after 5 more years. Is there any way to be able to travel more than 90 days a year to go watch over his business in France or is this not allowed?

If he is BC he can go to France any time he likes.
There is no limit.
Its called free movement.

If your status depends on him you will need to check any impact of his move on your status.

[alusto]

My Father who is a british citizen is currently living with us in the UK and wants to open a business in france with my uncle. Everyone else is living on a setllement visa that gives us citizenship after 5 more years. Is there any way to be able to travel more than 90 days a year to go watch over his business in France or is this not allowed?

If he is BC he can go to France any time he likes.
There is no limit.
Its called free movement.

If your status depends on him you will need to check any impact of his move on your status.

I didnt mean about him, if i want to travel to france more than 90 days a year to go watch over the business, is this possible to do so whilst still living in the UK and get citizenship after 5 years.

[Casa]

The 90 days absence is relevant to British citizenship in the 12 months prior to submitting the application. The point Noajthan is making is that if your residence is subject to your father residing the UK, if he lives in France this may be in jeopardy.
What category of visa do you hold?

[alusto]

The 90 days absence is relevant to British citizenship in the 12 months prior to submitting the application. The point Noajthan is making is that if your residence is subject to your father residing the UK, if he lives in France this may be in jeopardy.
What category of visa do you hold?

He doesnt Live in France, he lives in the UK but owns half of the company in France.

I am currently on a Settlement visa accompanying my mother whother is also not a BC, and we need 4 more years for ILR and then 1 year after for BC.

[noajthan]

I didnt mean about him, if i want to travel to france more than 90 days a year to go watch over the business, is this possible to do so whilst still living in the UK and get citizenship after 5 years.

Obviously it is not possible for you, without jeopardising your opportunity to naturalise, as you appear to understand correctly and have quoted the relevant rules.

You can't have cake & eat it!

[alusto]

Ok, just one last question. I have currently been through 1 year of my 5 years until ILR but in my first year i Only travelled for 54 days outside of the UK. Does this mean I can still travel 396 days outside of the UK meaning almost 100 days a year on average or is it ONLY 90 days a year regardless how much you travelled the year before.

[Casa]

Are you now referring to the absence rules for BC or ILR? Opening multiple threads (which you've been asked not to do) is becoming confusing.
Apart from the absence issue...have you given some thought as you how you're going to travel to France? You'll need a visa which is valid for every entry.

[alusto]

Are you now referring to the absence rules for BC or ILR? Opening multiple threads (which you've been asked not to do) is becoming confusing.
Apart from the absence issue...have you given some thought as you how you're going to travel to France? You'll need a visa which is valid for every entry.

I have a Circulation visa for France so that is not a problem. However is the 450 days of absences in the 5 year period all inclusive or is it ONLY 90 days a year?

[noajthan]

...

I have a Circulation visa for France so that is not a problem. However is the 450 days of absences in the 5 year period all inclusive or is it ONLY 90 days a year?

You cannot average out the absences.
Citizenship is not like some visa.
Absences: 450 days in 5 years and no more than 90 days in last 12 months.

As simple as that.

[Casa]

Are you now referring to the absence rules for BC or ILR? Opening multiple threads (which you've been asked not to do) is becoming confusing.
Apart from the absence issue...have you given some thought as you how you're going to travel to France? You'll need a visa which is valid for every entry.

I have a Circulation visa for France so that is not a problem. However is the 450 days of absences in the 5 year period all inclusive or is it ONLY 90 days a year?

In which case, are you aware of the terms of the Circulation visa?
The total duration of these stays may not exceed 90 days per 6 month-period.
Consequently, the circulation visa does not authorise its holder:
- to undertake a stay exceeding three months
- to make successive visits, the cumulated duration of which exceeds three months per six-month period.

[alusto]

Are you now referring to the absence rules for BC or ILR? Opening multiple threads (which you've been asked not to do) is becoming confusing.
Apart from the absence issue...have you given some thought as you how you're going to travel to France? You'll need a visa which is valid for every entry.

I have a Circulation visa for France so that is not a problem. However is the 450 days of absences in the 5 year period all inclusive or is it ONLY 90 days a year?

In which case, are you aware of the terms of the Circulation visa?
The total duration of these stays may not exceed 90 days per 6 month-period.
Consequently, the circulation visa does not authorise its holder:
- to undertake a stay exceeding three months
- to make successive visits, the cumulated duration of which exceeds three months per six-month period.

Yes i am aware but i wont go and stay for 90 days straight, maybe 20 days every two months.

[Casa]

The total duration of these stays may not exceed 90 days per 6 month-period. Not necessarily 90 days straight.
20 days per 2 months = 60 days in a 6 month period, which will be within the limit.

However, assuming you haven't been outside of the UK in the first year of your residence in the UK, if you continue to spend a total of 120 days in France (or in other countries) per year for the next 5 years, you will be well excess of the permitted 450 days absence for BC.

[alusto]

The total duration of these stays may not exceed 90 days per 6 month-period. Not necessarily 90 days straight.
20 days per 2 months = 60 days in a 6 month period, which will be within the limit.

However, assuming you haven't been outside of the UK in the first year of your residence in the UK, if you continue to spend a total of 120 days in France (or in other countries) per year for the next 5 years, you will be well excess of the permitted 450 days absence for BC.

Yes i am aware. Assuming that i didnt travel anywhere on my first year, am i allowed to travel 450 days outside of the UK in the next 4 years? This is my question.

Thanks

[Casa]

Yes but no more than 450 days or 90 days in the last 12 months.

[alusto]

Yes but no more than 450 days or 90 days in the last 12 months.

The last 12 months before renewing my visa or Applying for ILR?

[Casa]

British citizenship! I thought that what you've been asking about in all your many threads!

[secret.simon]

I am currently on a Settlement visa accompanying my mother whother is also not a BC

First things first. Citizenship rules and immigration rules (ILR and settlement visa) are different and unrelated. Which one are you talking about?

Secondly, which specific visa are you on? Are you on a visa issued under the UK Immigration Rules or are you on a visa issued under the EEA Regulations because your father brought your mother and you in on the Surinder Singh route?

If, as I surmise, you are here on a dependent visa under the UK Immigration Rules, absences must be "limited and for good reason". Assuming that you go for 20 days every alternate month, that would amount to 120 days per year, almost a third of the year. You may therefore have issues renewing your visa, let alone get to ILR stage.

Even assuming that you go for 20 days only every third month, you are still looking at 80 days a year, just under a quarter of the year.

I suggest that even 50 days a year for 4 years on a regular basis is excessive.

The idea of ILR is that you are considered settled in the UK, that the center of your life is here in the UK(I am borrowing language from the EEA regulations and the Surinder Singh route, but you get the idea). But if you spend a lot of your time in France, the Home Office may not come to that conclusion and may deny you ILR.

I suggest that you do not visit France except exceptionally in an emergency and let your father manage the business over there. Once you are a British citizen, you can travel to your heart's content.

[alusto]

I am currently on a Settlement visa accompanying my mother whother is also not a BC

First things first. Citizenship rules and immigration rules (ILR and settlement visa) are different and unrelated. Which one are you talking about?

Secondly, which specific visa are you on? Are you on a visa issued under the UK Immigration Rules or are you on a visa issued under the EEA Regulations because your father brought your mother and you in on the Surinder Singh route?

If, as I surmise, you are here on a dependent visa under the UK Immigration Rules, absences must be "limited and for good reason". Assuming that you go for 20 days every alternate month, that would amount to 120 days per year, almost a third of the year. You may therefore have issues renewing your visa, let alone get to ILR stage.

Even assuming that you go for 20 days only every third month, you are still looking at 80 days a year, just under a quarter of the year.

I suggest that even 50 days a year for 4 years on a regular basis is excessive.

The idea of ILR is that you are considered settled in the UK, that the center of your life is here in the UK(I am borrowing language from the EEA regulations and the Surinder Singh route, but you get the idea). But if you spend a lot of your time in France, the Home Office may not come to that conclusion and may deny you ILR.

I suggest that you do not visit France except exceptionally in an emergency and let your father manage the business over there. Once you are a British citizen, you can travel to your heart's content.

Well, We will be opening a Business in France and then Expanding into the UK, so if they ask us why I go to France alot, i can be because that is where we have a business aswell as in the UK.

[Casa]

It's not a question of what you do while you are in France. Working in your own business outside of the UK doesn't qualify as 'exceptional circumstances'.

[noajthan]

I didnt mean about him, if i want to travel to france more than 90 days a year to go watch over the business, is this possible to do so whilst still living in the UK and get citizenship after 5 years.

Obviously it is not possible for you, without jeopardising your opportunity to naturalise, as you appear to understand correctly and have quoted the relevant rules.

You can't have cake & eat it!

[secret.simon]

Be aware that as somebody on a dependent visa, there are limits on your visa that do not apply to your father.

Be aware that you may have issues with your visa renewal and with getting ILR, let alone naturalisation, which is years in the future.

Being aware of these details, take your decision. At the end of the day, it is your life.