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Buachaill
Buachaill, Barrister
Category: Immigration Law
Satisfied Customers: 10189
Experience:  Barrister 17 years experience
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I am belgian, my wife is english, we married in the the UK

Customer Question

hello,i am belgian , my wife is english , we married in the the UK in may 2010 , but i have been working outside the uk, with my registered address in the uk. can i apply for a uk passport?
Submitted: 5 months ago.
Category: Immigration Law
Expert:  Buachaill replied 5 months ago.

1. Dear Customer, you can apply for UK citizenship after five years residing in the UK when you are married to a UK citizen. So, the issue which arises here is whether you have been resident in the uK FOR THE last five years. You can spend up to 450 days outside the UK DURING those five years, including 90 days in the year before you apply for citizenship. However, you do need to be resident there. It is not sufficient merely to have a registered address in the UK. Additionally, you should have been paying National Insurance contributions or else have private health insurance during these five years. Absences due to work for a UK concern count as time spent in the UK. So, if your job was for a UK concern and you were merely working abroad, this time will count as time spent in the UK. So the circumstances of the job are highly relevant.

Expert:  Buachaill replied 5 months ago.

2. Be aware additionally, that you will need to have had a Permanent Residence card or certificate for one year before you make your application for citizenship. Here is a link to the UK Government website which tells you how to apply for a permanent residence card if you don't already have one https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card. The need for a permanent residence card arises because you need to be able to show you were visa free for one year before applying for UK citizenship.

Expert:  Buachaill replied 5 months ago.

3. If you want to supply additional details about your job, I will be happy to advise further. However, you need to be working abroad with your job employer employing you from the UK to qualify as UK resident. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your question.

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