Applying from abroad

[fruitful_mind]

Hello,

I am in the following situation and was wondering if anybody can give an advice or opinion:

I am an EU citizen and came to the UK in 09/2008. I studied, lived, and worked until December 2014. This gives me more than the 6 years required to apply directly for British citizenship. In December 2014 I got transferred from my British employer to work in Gibraltar (British Overseas Territory).

Mi dilemma is the following - Firstly can I apply for citizenship here in Gibraltar (I think I read on the application form that you can apply abroad) for this past qualifying period (2008-2014).

As a back up option I have the possibility to request a transfer back to the UK from my company and return without breaking the 12 month absence period from the UK and then apply for citizenship.

Can you please give me your opinion or advice on this situation. Thanks in advance.

[CR001]

You cannot apply from abroad. Applications for citizenship is based on the 5 years immediately preceding the date that Home Office receives your application.

If you return to the UK, you still won't qualify as your absence in the 12 months immediately prior to applying will be more than 90 days. You will need to wait until you bring the absences down.

[fruitful_mind]

Thanks for the quick reply CR001. If I understand you correctly if I came back to the UK within the 12 months absence time frame I can apply after I satisfy the 90 days in the last 12 months requirement.

My main concern would be then if these 10-11 months spent in Gibraltar will affect my chance of getting the citizenship.

[CR001]

Do you have confirmation of permanent residency in the UK?

The are certain absences which might break your continuity of residence as an EU national. One of the other mods could probably explain better.

For citizenship, the absence requirement is no more than 90 days absence in the 12 months immediately preceding the date of application and no more than 450 days absence in the 5 years immediately preceding the date of application (unless married to a British citizen, then it is slightly different).

On the time spent in the UK studying, can you list the years that you studied and confirm that you had comprehensive sickness insurance for that time?

[fruitful_mind]

I have not applied for permanent residency as it was explained to me that as an EU national you automatically get the status after exercising treaty rights for 5 continuous years.

On the matter of CSI (a controversial topic I guess) I have studied from 09/2008 until 01/2009 (MA degree) and I have received a registration certificate (yellow) during that time. I read that the CSI requirement kicks in June 2011 so I would not be affected by that.

[CR001]

The new citizenship guide which came out yesterday, states that EU citizens now need to provide evidence certifying their permanent residence, see page 16.

https://www.gov.uk/government/uploads/s ... r_2015.pdf

I hope that your absence of more than 6 months will not be an issue.

[fruitful_mind]

Thanks for the information. I will take a read through the new guide.