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IA Solicitors
IA Solicitors, Solicitor
Category: Immigration Law
Satisfied Customers: 1694
Experience:  Principal at IA Solicitors
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Can you help with British Citizenship application question?

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Can you help with British Citizenship application question?
JA: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I am an EU citizen with a permanent residency. I am in the process of applying but I am stuck on a quewtion
JA: Have you talked to a lawyer about the citizenship application?
Customer: Well I would like to at this stage
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Sure. I have a permanent residency in the UK. Living and working for last 13 years. Have been away for holidays/ work for 325 days from the UK in the last 5 years and a total of 177 days until today in the last 12 months. My question is that as I am still away for work and it will cross 180 days of time set for 12 month period, what do I do?
Customer: replied 8 days ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.

Are you married to UK citizen?

How many days in total you wil be out when you will apply for citizenship?

What is date on your PR letter that you are eligible to apply citizenship?

When did you get OR?

Customer: replied 8 days ago.
Are you married to UK citizen? NoHow many days in total you wil be out when you will apply for citizenship?
In the last 5 years I have been away 325 days. In the last 12 months, till date 177. I am self-employed therapist and have clients in Bulgaria and Greece. I do workshops, seminars etc. The reason for being away for so long this year is that I have combined my work with getting certified as a Yoga teacher through one to one lessons in Greece with an instructor. I plan to return shortly to the UK by the end of this month as I have achieved in establishing new markets that I needed to do this year.What is date on your PR letter that you are eligible to apply citizenship?I have been eligible to apply for citizenship since February of 2019.When did you get OR? In Feb 2018 (Have been a resident of the UK since 2006 continuously)

How many days you were out from feb2018 to feb2019 (date to date)?

How many days you were out from feb2019 until today?

Customer: replied 8 days ago.
How many days you were out from feb2018 to feb2019 ? 40 daysHow many days you were out from feb2019 until today? 171 days

So you got permanent residence feb2018 and you were out of UK 40 days until Feb 2019, is it right? And since Feb 2019 to now you were out 171 days?

Customer: replied 8 days ago.
I do apologise. I just checked my residency card and it says date of issue as 28/04/2018.So in line with that the days you perhaps are looking for are from April 2018 to April 2019; that are - ( 48 days until 19/04/2018) (From 19/04/2019 to 18/05/2019 I was away for 28 days, not sure how to or if I should add this here or in the following
28/08/2019 to present - (From 19/04/2019 to 18/05/2019 I was away for 28 days - Please see above - NOT SURE IF YOU WILL ADD THIS IN THE PREVIOUS SECTION OR IN THIS SECTION)
Plus 130 days till tod
Customer: replied 8 days ago.
Adding further ... not sure if you wish to add the previous 28 days to the days from April 2019 till date or in the previous section
Customer: replied 8 days ago.
11/05/2018 21/05/2018 Work 9
22/06/2018 03/07/2018 Work 10
21/09/2018 01/10/2018 Work 10
06/12/2018 13/12/2018 Work 6
21/03/2019 04/04/2019 Work/Training 13
19/04/2019 18/05/2019 Work/Training 28
21/05/2019 11/09/2019 Work/Training/Holiday 112
19/09/2019 Work/Training 18

Do you have business or property or family in the UK that prove your close ties with the UK?

Customer: replied 8 days ago.
I have a business registered with HMRC since 2009. Prior to that I has in full time employment. I rent a house for the last 13 years (same house). My children are in full time education in the UK (older son in Uni and younger in year 10), My wife is also a sole trader. We have all been in the UK since September 2006 without a break.

If your wife is British then these absences will not affect your application.

You can apply but you would have to send all your family, business, your wife business documents whatever is available.

Absences from the UK during the last 12 months of your qualifying

period will be considered in the following way:
6(1) and 6(2)
applications
Normal permitted absences in final 12 months of your qualifying period 90 days
Total number of absences normally disregarded 100 days
Total number of absences normally disregarded only if all other
requirements are met and
• you have demonstrated links with the UK through presence of family,
and established home and a substantial part of your estate.
101 – 179 days
Total number of absences that may be disregarded if you do not meet
all the other requirements providing the following criteria are met:
• you have demonstrated links with the UK through presence of
family, and established home and a substantial part of your estate

and
• the absence is justified by Crown service or by compelling
occupational or compassionate reasons.

Only in the most exceptional circumstances would total absences
exceeding 180 days in the final 12 months of the qualifying period be disregarded
if all other requirements were not met.

I hope it will help you.

Please you give 5 star to encourage me to help people

Customer: replied 8 days ago.
Well, my wife is not a British citizen.My last question is this:I am currently away from the UK for business since 19/09/2019. So if I submit my application today, will the days be counted until "today" (180 days)?And since I am still away on business what is the implication on my application re this?I thank you in advance for your help.

Yes these absences will be counted.

You check your PR letter if you had claimed in your 6 years in the UK then they could make you eligible for naturalisation as soon as you got your PR last year in Feb 2018.

You are EU national so you do have passport and ID card so there is not much difference if you send 1 ID to Home Office.

I hope it will help you.

Please give positive rating

Customer: replied 8 days ago.
Thank you again!But I don't think you got my question re me "not being in the UK" currently.So my question was, if I apply today, since it is 177 days till today, - Can I do so? ie I am still away and not physically in the UK today? Is that a problem? Or should I catch a flight today and do the application there?RE - PR - The letter read that I will be eligible to apply for citizenship after 12 months (which is annoying as I have been working and paying my taxes in the UK since 2006)Thanks again in advance!
Customer: replied 8 days ago.
I hope you understand my anxiety as £1330 plus is a lot of money to spend if there is a high chance of rejection

There is no difference if you apply from UK or outside UK.

More critical issue is your absences from UK more than 90 days. It is their discretion to grant you naturalisation successfully.

On the other side, if you do not apply now and apply later on whenever you will be in the UK with less than 90 absences. Brexit will not affect your circumstances. You would have to apply settled status before December 2020.

I hope it will help you.

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