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Absence from the UK

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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imaria
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Absence from the UK

Post by imaria » Wed Sep 16, 2020 7:40 am

Hello! Can someone please advise regarding my situation

I have been living in the UK for 8 years, last 3.5 years I've been travelling around Asia.

Last year I got my Indefinite leave to remain based on my previous 5 years residence as an EU national.

My question is can I get a British citizenship if I apply for it after 12 months( 12 months without leaving the UK for more than 90 days) or my application will be rejected because of absences in the last 5 years.

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CR001
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Re: Absence from the UK

Post by CR001 » Wed Sep 16, 2020 8:02 am

How many absences do you have in the last 5 years?
Char (CR001 not Casa)
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imaria
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Re: Absence from the UK

Post by imaria » Wed Sep 16, 2020 8:04 am

1000 days around that...

imaria
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Re: Absence from the UK

Post by imaria » Wed Sep 16, 2020 8:06 am

CR001 wrote:
Wed Sep 16, 2020 8:02 am
How many absences do you have in the last 5 years?
1000 days around that.

But my mother lives in the UK, she is in a process of getting a citizenship and I am planning to buy a property, will this help my application as my intention to live in the UK?

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Re: Absence from the UK

Post by CR001 » Wed Sep 16, 2020 8:07 am

Unlikely to help your case with more than double the absence limit in the last 5 years. Anyone can own a property, even if not a UK resident.
Char (CR001 not Casa)
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imaria
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Re: Absence from the UK

Post by imaria » Wed Sep 16, 2020 8:13 am

CR001 wrote:
Wed Sep 16, 2020 8:07 am
Unlikely to help your case with more than double the absence limit in the last 5 years. Anyone can own a property, even if not a UK resident.
what about this "Absences normally disregarded only if:
• you meet all other requirements
and
• you have established your home, family and a substantial part of your estate here."

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Re: Absence from the UK

Post by secret.simon » Wed Sep 16, 2020 9:06 am

1000 days absence is far too high for discretion to be exercised. And even the exercise of discretion is regulated.
Naturalisation caseworker guidance wrote: Page 16

Where the applicant has absences of between 480-900 for applications under section 6(1) of the British Nationality Act 1981,... and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
• at least 2 years residence (for applications under section 6(1)),..., without substantial absences immediately prior to the beginning of the qualifying period. If the period of absence is greater than 730 days (for section 6(1))...the period of residence must be at least 3 or 2 years respectively

• the excess absences are the result of:
o postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.
o accompanying a British citizen spouse or civil partner on an appointment overseas

• the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a
multinational company based in the UK with frequent travel abroad

• exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement

• the excess absences were because the applicant was unable to return to the UK because of global pandemic.

Where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

imaria
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Re: Absence from the UK

Post by imaria » Wed Sep 16, 2020 9:11 am

secret.simon wrote:
Wed Sep 16, 2020 9:06 am
1000 days absence is far too high for discretion to be exercised. And even the exercise of discretion is regulated.
Naturalisation caseworker guidance wrote: Page 16

Where the applicant has absences of between 480-900 for applications under section 6(1) of the British Nationality Act 1981,... and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
• at least 2 years residence (for applications under section 6(1)),..., without substantial absences immediately prior to the beginning of the qualifying period. If the period of absence is greater than 730 days (for section 6(1))...the period of residence must be at least 3 or 2 years respectively

• the excess absences are the result of:
o postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981.
o accompanying a British citizen spouse or civil partner on an appointment overseas

• the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a
multinational company based in the UK with frequent travel abroad

• exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement

• the excess absences were because the applicant was unable to return to the UK because of global pandemic.

Where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level.
But I have a settled status or it does not mean anything ?

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Re: Absence from the UK

Post by CR001 » Wed Sep 16, 2020 9:18 am

imaria wrote:
Wed Sep 16, 2020 9:11 am
But I have a settled status or it does not mean anything ?
Everyone needs ILR/PR or settled status to apply for citizenship. You still need to meet all the requirements regardless.
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Re: Absence from the UK

Post by secret.simon » Wed Sep 16, 2020 9:24 am

Settled Status means that you have the right to reside in the UK and that you retain the right to reside in the UK even provided you have been absent from the UK for up to five years.

However, settled status does not give any right to avoid meeting the other requirements of naturalisation. Naturalisation has its own separate and distinct requirements that you must meet, in addition to having settled status.

As an aside, keep in mind that naturalisation also has a physical presence requirement (that you must have been physically present in the UK at the start of the five year period immediately preceding the date of application). If you spent the last 3.5 years travelling in Asia, keep in mind that you will not be able to apply for British citizenship for the five year period following those travels.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

imaria
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Re: Absence from the UK

Post by imaria » Thu Sep 17, 2020 4:14 am

secret.simon wrote:
Wed Sep 16, 2020 9:24 am
Settled Status means that you have the right to reside in the UK and that you retain the right to reside in the UK even provided you have been absent from the UK for up to five years.

However, settled status does not give any right to avoid meeting the other requirements of naturalisation. Naturalisation has its own separate and distinct requirements that you must meet, in addition to having settled status.

As an aside, keep in mind that naturalisation also has a physical presence requirement (that you must have been physically present in the UK at the start of the five year period immediately preceding the date of application). If you spent the last 3.5 years travelling in Asia, keep in mind that you will not be able to apply for British citizenship for the five year period following those travels.
Thank you for your reply. But what about the below

For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons given below.

I had lived in the Uk for 8 years before I left.

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Re: Absence from the UK

Post by secret.simon » Thu Sep 17, 2020 2:45 pm

imaria wrote:
Thu Sep 17, 2020 4:14 am
Thank you for your reply. But what about the below

For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons given below.

I had lived in the Uk for 8 years before I left.
Correct. The requirement to be resident for at least 8 years applies to absences of between 730 and 900 days, as I quoted form the caseworker guidance above.
secret.simon wrote:
Wed Sep 16, 2020 9:06 am
Naturalisation caseworker guidance wrote: Page 16

Where the applicant has absences of between 480-900 for applications under section 6(1) of the British Nationality Act 1981,... and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:

• at least 2 years residence (for applications under section 6(1)),..., without substantial absences immediately prior to the beginning of the qualifying period. If the period of absence is greater than 730 days (for section 6(1))...the period of residence must be at least 3 or 2 years respectively
...
The Booklet AN (from which you quote above) also states on Page 8;
Only very rarely would we disregard absences in excess of 900 days. If your absences are more than this limit your application is likely to fail and
your fee will not be fully refunded.
Your absences are far too high for your naturalisation to be successful. If you apply and your application is refused, you only get a refund of the £80 citizenship ceremony fee, losing the rest of the ~£1200 fee. It is your call whether you want to take that chance.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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