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Citizenship and staying abroad

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

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

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bruska-hama
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Naturalization or citizenship after ILR

Post by bruska-hama » Tue Jul 31, 2018 11:26 pm

Hello,
I've recently got ILR based on 5 years stay on tier 2 (work) visa. My wife and my children have got ILR as well with me. Before my tier 2 visa I was in the UK for 4 years for study and I had student (tier 4) visa. By now we have spent 9 years in the UK and net year it will be 10 years when I we apply for citizenship.
One of my children is a student outside the UK for the past 4 years and spent most of the time studying abroad. Prior to her study abroad she spent most of the first 5 years in the UK. Will she get her citizenship next year when she applies for it? thanks

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CR001
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Re: Naturalization or citizenship after ILR

Post by CR001 » Wed Aug 01, 2018 6:34 am

Where was she born and how old is she now??
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bruska-hama
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Citizenship and staying abroad

Post by bruska-hama » Sat Nov 10, 2018 3:30 pm

Hello,
I have recently obtained indefinite leave to remain for myself and my family members based on five years staying working under tier 2 work visa. One of my daughter has obtained ILR like us normally without considering the time she spent outside the UK throughout the five years for her university study as a student abroad. Every year she spends 9-10 months outside the UK for study.
She has more 2 years to finish her study outside the UK.
Is there any problem regarding the time spent outside the UK when you apply to citizenship after a year of getting ILR?

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Casa
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Re: Citizenship and staying abroad

Post by Casa » Sat Nov 10, 2018 3:52 pm

For BC the permitted absence is no longer than 90 days in the 12 month period prior to submitting the application and no more than 540 days in the 5 year qualifying period.
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secret.simon
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Re: Citizenship and staying abroad

Post by secret.simon » Sat Nov 10, 2018 4:13 pm

CR001 wrote:
Wed Aug 01, 2018 6:34 am
Where was she born and how old is she now??
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.

bruska-hama
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Re: Citizenship and staying abroad

Post by bruska-hama » Sun Nov 11, 2018 1:01 am

She is 26 years and she was born outside the UK.

secret.simon
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Re: Citizenship and staying abroad

Post by secret.simon » Sun Nov 11, 2018 2:17 am

Casa wrote:
Sat Nov 10, 2018 3:52 pm
For BC the permitted absence is no longer than 90 days in the 12 month period prior to submitting the application and no more than 540 days in the 5 year qualifying period.
As she is an adult, she needs to meet all the requirements for naturalisation, including the absence, physical presence, language and LITUK requirements.

If she has been out of the country a lot four years ago, she may have issues meeting the physical presence requirement (that she was physically present in the UK at the start of the five year period immediately preceding the date of application. So, if she were to apply today, she would need to prove that she was physically present in the UK on 12th November 2013) in a year's time.
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.

bruska-hama
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Re: Citizenship and staying abroad

Post by bruska-hama » Mon Nov 12, 2018 10:24 am

Thank you very much for your reply. If she proved that she was in the UK five years ago at this time. Do they account the number of days she spent outside the UK throughout the past 5 years or throughout the last 12 months?

srivisaN
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Re: Citizenship and staying abroad

Post by srivisaN » Mon Nov 12, 2018 12:01 pm

Casa wrote:
Sat Nov 10, 2018 3:52 pm
For BC the permitted absence is no longer than 90 days in the 12 month period prior to submitting the application and no more than 540 days in the 5 year qualifying period.
no more than 540 days in the 5 year qualifying period ? I hope it is 450 days not 540 days.

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Casa
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Re: Citizenship and staying abroad

Post by Casa » Mon Nov 12, 2018 12:21 pm

srivisaN wrote:
Mon Nov 12, 2018 12:01 pm
Casa wrote:
Sat Nov 10, 2018 3:52 pm
For BC the permitted absence is no longer than 90 days in the 12 month period prior to submitting the application and no more than 540 days in the 5 year qualifying period.
no more than 540 days in the 5 year qualifying period ? I hope it is 450 days not 540 days.
You're correct, see below
Absences from the UK
To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months. If you are married to or in a civil partnership with a British
citizen the total number of days absence for the whole 3-year period should not exceed
270. Otherwise, you should not have been outside the UK for more than 450 days in the
5year qualifying period.
There is discretion to disregard absences in excess of the limits


https://assets.publishing.service.gov.u ... r_2018.pdf
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

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