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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I am a french citizen looking to apply for citizenship

Resolved Question:

Hi, I am a french citizen looking to apply for citizenship in the UK.
I studied a full-time master course in the UK from Sep 2007 to early Sep 2008, then had no activity for 2 month (spent most of that period in Portugal), and got a job starting 29 Oct 2008 (which I still work at).
Does this mean that I cannot apply to UK citizenship before 29 Oct 2013 due to the qualifying period ? Or can I have the qualifying period not start exactly 5 years before but some time before (when I was studying full tmie) ?

As for proof of english and life in the UK, can I choose which one I want to do ? I understand the rules change on 28 of oct at which point I would need to do both, which is why I would like to apply before (but might be limited by qualifying residential period)

Finally, do I need to report all weekend trips that I have done, and what are the potential consequences of missing one tip (I don't necessarily have all the plane ticket / train records)



Thank you,
Noe
Submitted: 4 years ago.
Category: Immigration Law
Expert:  Thomas replied 4 years ago.
Hi

Thanks for your patience.

Provided that you are able to show that in the two month period you were self-sufficient or a job seeker then you should still be able to claim that period as part of your qualifying period.

I assume that factoring in the absence during this time together with the other days that you have spent outside of the UK you still fall under the limited placed on naturalisation applications for days outside of the UK.

So, if you were in the UK studying from September 2007 then I would say that your qualifying period starts then, since studying is a form of exercising treaty rights. Therefore, you would probably have been eligible to apply for naturalisation from September 2012 provided that you otherwise met the eligibility criteria.

However, the qualifying period will run from the date that is 5 years before the date that you apply. Therefore, you will certainly have to show that if you apply in the period that you were between studying and job then you will have to show that your study period prior to this because you will need to show you were exercising treaty rights and that the gap between studying and working was simply a short holiday away.

I’m afraid that because it is clear that you speak English to a reasonable standard you would have to do the Life in the UK test:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/kol/

You should attempt to give as much details about your time outside the UK as possible. If you cannto remember to precise dates then you should say so in a covering letter explaining the details that you do remember if you don’t remember the actual dates. If there is a reason why you cannot remember then say so (ie. flght tickets.).

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Kind regards,


Tom
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