Archive » United Kingdom » British Nationality
| Author | Post |
|---|---|
| IS Member Member # 3922 | Posted March 04, 2004 11:35 AM Hello I got my ILR during the month of November 2002. And then I went out of country during May 2003 and came back by October 2003 (6 Months out of UK). Is it possible for me to apply for Nationality now, or do I have to wait until November 2004, since I have been out of country for more than three months during the 5th year?. Thanks in advance for your suggestions. |
| Kayalami Member Member # 5984 | Posted March 04, 2004 11:58 AM The Home Secretary has discretion to waive the residency period although the tricky/less likley waivers tend to be those for absences in the final year leading to the naturalisation application. 6 months is somewhat on the long side and I am not sure of your waiver chances. It depends on your reason for absence e.g. if it was work related especially for a British Company or compassionate reasons e.g. looking after a sick relative abroad then its less of an issue. You are also likely to get a waiver if you need British Citizenship for a particular job especially in Crown service e.g. armed forces, police. judiciary etc. Ties to the UK during your absence will also be considered e.g. did you have a house, pay council taxes, remain on the electoral roll, family, business etc. Waivers are more likley where you have spent 7+ years in the UK e.g. a student who then got a WP then got ILR. Naturally being a spouse of a British Citizen also helps with more discretion. Note that there is no discretion/ exemption from the requirement to have been physically present in the UK on the date 5 years before your application or 3 years if married to a British Citizen e.g. if applying for naturalisation today 4 Mar 2004 you must have been in the UK on 4 Mar 1999 or 4 March 2001. Good Luck -------------------- ---audi alteram partem--- |
| IS Member Member # 3922 | Posted March 10, 2004 10:46 AM Hi Thanks for the reply. does that mean that I cannot apply for nationality at all?. Or is the last 12 months calculated from the date I apply for nationality, even if I have been in the UK for more than 5 years?. Or should I apply for nationality exactly on completion of the 5th year or my stay in the UK with ILR? Any info would be greatly appreciated.Thanks |
| Kayalami Member Member # 5984 | Posted March 10, 2004 11:23 AM There appears to be some confusion here as I don't quite understand your Q. Perhaps this will help me assist. 1. When did you first come to live in the UK (month/year). 2. How did you get ILR i.e. Work Permit, Spouse. 3. Are you the spouse of a British Citizen. -------------------- ---audi alteram partem--- |
| IS Member Member # 3922 | Posted March 10, 2004 02:09 PM Hi I first came to the UK during November 1998 on a work permit. I got my ILR during October 2002 after 4 years of work permit. I was about to apply for nationality during November 2003 but unfortunately I have to be away from the UK between May 2003 and October 2003(5 months), which means I was not able apply for nationality during Nov 2003 due to the 5 months gap in the 5th year. When can I apply for nationality at the earliest?. It is just that, some people here say that I can never apply due to the 5 month gap in the 5th year. thank you. |
| Kayalami Member Member # 5984 | Posted March 10, 2004 02:44 PM 1. People who hold ILR but are not the spouse of a British Citizen may apply for naturalisation after holding ILR for 12 months. You meet this criteria for naturalisation today. 2. Your challenge is meeting the residence criteria as I detailed in my initial post. If you applied for naturalisation today the 5 yr period in which you must meet the not out of UK for more than 450 days would go back to 10 March 1999. The not out of the UK for more than 3 months requirement in the last year would refer to the time from 10 March 2003. 3. You have been out of the UK from May 2003 - October 2003. Depending on your UK exit and return days you have been absent for 5 or 6 months in the last 12 months. IMHO this is on the long-side to warrant a waiver. However you do not detail the reasons for your absence which may be personal and therefore not appropriate for posting nor do you describe your total UK absences between March 1999 and March 2004 in the context of 450 days. Refer to my initial post on grounds on which waivers may be granted and determine which ones can be included (and substantiated) in your application. Note that waivers are more likely where absences in the qualifying residence period are not in the final year e.g. you are more likely to get a waiver if you had been absent between Nov 2002 and May 2003. 4. Its up to you to decide whether to go ahead or wait till you meet the residence requirement. If you don't get a waiver the HO will tell you to re-submit your application in October 2004. Who knows you may get lucky and get a waiver. You would only have the application fee to lose. Good Luck -------------------- ---audi alteram partem--- |
| Dip Member Member # 4428 | Posted March 10, 2004 02:45 PM I think its the absence in the last 12 months at the time of applying that matters and not the 5th year. Rgds |
| Dip Member Member # 4428 | Posted March 10, 2004 02:47 PM Kaya, I kept seeing your last post appear and disappear. I removed mine thrice after reading yours only to see your disappear again!! I think I'll leave mine in case your reply disappears again. Rgds |
| Kayalami Member Member # 5984 | Posted March 10, 2004 02:58 PM Dip, Cheers - dissappearing posts...been to the pub have we . I re-read the psoters Q and you are correct. He/she wants to know if absences are for year 5. NO. Absences as you say are for 5 years back from application date for overall absences and 1 year back from application date for absences in the last year. This is irrespective of residence period in the UK although obviously the minimum period is 5 yrs (or 3 if married to BC). -------------------- ---audi alteram partem--- |
| Dip Member Member # 4428 | Posted March 10, 2004 03:52 PM Cheers Kaya ... Too early in the week for a pub visit ... since you mention, its not a bad idea at all ... after all nothing exiting in the markets for sterling bulls. |
| Kayalami Member Member # 5984 | Posted March 10, 2004 03:58 PM Any movements on the greenbuck - is there news due out today from US FRB. We could do with a strengthening for GB exports and for the funds to release positions on commodities..its hectic being a trader -------------------- ---audi alteram partem--- |
| Dip Member Member # 4428 | Posted March 10, 2004 04:46 PM Kaya, the allrounder? The greenback was hit after the trade data but surprisingly made a smart recovery as the UK exports to the US plunged 30%, obvious result of the recent sterling strength. Pity I am a dollar bear and had to drown my misery over a quick pint. I think I will call it a day if cable breaks below 1.8000. Too old to be a hardcore trader but enjoy watching my lads burn their youth.... Cheers |
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