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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Jorgensen and i would like to know about British citizenship

Customer Question

good afternoon
my name is ***** ***** and i would like to know about British citizenship i have been in the uk for about 28 years and i have apply about 4 times now but due to my work i can not send my Passport as i am using it for my work.I have a letter there say that i can stay in the uk.i got that in 2006.my work as i am away 28 days and home 28 days i am married and my home are in the uk but now i got told that i have to many days out of the uk.is there any thing that i can do to get British citizenship
Cai
Submitted: 11 months ago.
Category: Immigration Law
Expert:  Thomas replied 11 months ago.

Hi Cai,

What nationality are you please?

Tom

Customer: replied 11 months ago.
I am Danish
Expert:  Thomas replied 11 months ago.

Hi

Thanks for your question. I will try to help.

I’m afraid that the only way that you can get UK citizenship is by naturalising.

Unfortunately, the home office changed the rules a few years ago and EEA citizens now applying for naturalisation have to apply for confirmation of their “permanent residence” status first. If they have not applied for PR first then the naturalisation application would be rejected and the very expensive application fee.

You can apply for permanent residence here:

https://www.gov.uk/apply-for-a-uk-residence-card/permanent-residence-card

Only once you have received this can you possibly apply for naturalisation. The residential criteria to apply for naturalisation if you are NOT married to a uk citizen is as follows:

· lived in the UK for at least the 5 years before the date of your application

· spent no more than 450 days outside the UK during those 5 years

· spent no more than 90 days outside the UK in the last 12 months

· had settlement (‘indefinite leave to remain’) in the UK for the last 12 months if you’re from outside the European Economic Area (EEA)

· had permanent residence status for the last 12 months if you’re a citizen of an EEA country - you need to provide a permanent residence document

· not broken any immigration laws while in the UK

If you ARE married to a UK citizen then the residential criteria for naturalisation is as follows:

· lived in the UK for at least the 3 years before your application is received

· spent no more than 270 days outside the UK in those 3 years

· spent no more than 90 days outside the UK in the last 12 months

So, if you cannot meet the relevant criteria for time inside the UK (depending on whether your wife is a UK citizen) then there is no point applying for naturalisation because it would be rejected outright.

I’m really sorry that the rules are so tight, but they are applied very strictly.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 11 months ago.
Hi Tom
i am married in uk i pay my taxes in the uk but because of my work as i have been doing for so many years and also i have a letter from the home office there sa that i can stay in the uk .so i have to wait to am goin on pansion befor i can get it
Expert:  Thomas replied 11 months ago.

Hi

If you cannot meet the residential requirements to naturalise then I'm afriad you cannot apply until you can meet the requiements.

I am sorry I could not have better news for you, but please do remember to leave feedback on the accuracy of my answer.

Tom

Expert:  Thomas replied 11 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

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