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Does the clock reset after 720 days after ILR??

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

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mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Does the clock reset after 720 days after ILR??

Post by mk357 » Sat Feb 21, 2015 4:48 pm

Hello everyone, I hope everyone is fine here. Although I am a regular visitor of this very informative forum but am posting a thread after a good few years regarding an issue about which I don't have any clue.
My son got ILR with me back in Dec 2011, but after a couple of months he had to leave the UK for some good reason. He remained outside the country for nearly 700 days and returned to UK in Nov. 2013, he is here since then. It is also worth mentioning here that he got ILR as my dependent, he was over 18 years at that time. Although he spent most of the time in the UK with me but he had significant absences even at the time of issuance of ILR (a total of over 600 days). So he had spent nearly 3.5 years by the time he was issued ILR. Now that the situation has changed as he spent the absences (700 days) at a stretch would his time be reset and does he have to spend complete 5 years here in the UK or just one year to qualify for citizenship? I know there is exemption of upto 900 in extreme cases, subject to other conditions but not sure whether that 900 days could be spend at a stretch or still subject to any maximum days limitations?

Regards,

MK

akhurshid
Senior Member
Posts: 711
Joined: Thu Aug 08, 2013 1:28 pm
Location: UK

Re: Does the clock reset after 720 days after ILR??

Post by akhurshid » Sat Feb 21, 2015 5:07 pm

You can ask for discretion if he has spent over 7 years in UK but then they will consider the total amount of absence for 7 years period. Below is what AN guide says.
Absences normally disregarded only if:
a) you meet all other requirements; and
b) you have established your home, family and a substantial part of your estate here.
Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years. 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 detailed in section 5A1 below
The safest option is to wait for 5 years from his return in UK and then apply however it's your choice.

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 4:09 pm

Re: Does the clock reset after 720 days after ILR??

Post by milan69 » Sat Feb 21, 2015 5:34 pm

Just to add that you count total number of absences in the last 5 years.
I am sometimes wrong.

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: Does the clock reset after 720 days after ILR??

Post by mk357 » Sat Feb 21, 2015 6:00 pm

Thank you very much for the replies. Yes I knew about the rules quoted by "akhurshid" but I am still confused. It says if the absences are upto 730 days then normally you should have been resident in the UK for the last seven years. Does that mean 7 years in total or 7 years from the date of first entry. Like he entered into UK with us in Jan. 2007, but had intermittent absences upto Dec. 2011. Then from Feb. 2012 he left for about 700 days and came back in Nov. 2013. So considering 7 years from the date of first entry would be well completed but not 7 years of stay in total. So are you suggesting that he should wait till Nov. 2018 before application for Naturalisation?

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 4:09 pm

Re: Does the clock reset after 720 days after ILR??

Post by milan69 » Sat Feb 21, 2015 6:26 pm

It is last 7 years from the day HO receives your applicatipn.
I am sometimes wrong.

akhurshid
Senior Member
Posts: 711
Joined: Thu Aug 08, 2013 1:28 pm
Location: UK

Re: Does the clock reset after 720 days after ILR??

Post by akhurshid » Sat Feb 21, 2015 6:29 pm

mk357 wrote:Thank you very much for the replies. Yes I knew about the rules quoted by "akhurshid" but I am still confused. It says if the absences are upto 730 days then normally you should have been resident in the UK for the last seven years. Does that mean 7 years in total or 7 years from the date of first entry. Like he entered into UK with us in Jan. 2007, but had intermittent absences upto Dec. 2011. Then from Feb. 2012 he left for about 700 days and came back in Nov. 2013. So considering 7 years from the date of first entry would be well completed but not 7 years of stay in total. So are you suggesting that he should wait till Nov. 2018 before application for Naturalisation?
I stand corrected. As Milan69 said absence in last 5 years is counted but applicant is expected to be in UK for 7 years.
7 years are counted from the date of application. For example if he applies in March 2015, he should be in UK since March 2008. You can ignore the period he was outside of UK for this particular point because that period is counted as absence.
If he hasn't been in UK for 7 years, wait until he has been in UK for 7 years. Application will still be based on discretion.

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: Does the clock reset after 720 days after ILR??

Post by mk357 » Sat Feb 21, 2015 7:32 pm

Thanks akhurshid. So the safe bid would be to apply in 2018 as he came to UK in 2013. That would complete his 5 years without any absences. And with discretion of home office he could apply in 2016 when he would complete 7 years but with 700 absences, am I right??

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 4:09 pm

Re: Does the clock reset after 720 days after ILR??

Post by milan69 » Sat Feb 21, 2015 7:43 pm

For absences up to 730 days you must have been UK resident for 7 years.
Note that when you apply for discretion you must state that you have made UK you home together with your family and that most of your estate us in UK.
Page 7:
https://www.gov.uk/government/uploads/s ... c_2014.pdf
I am sometimes wrong.

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: Does the clock reset after 720 days after ILR??

Post by mk357 » Sat Feb 28, 2015 6:18 pm

Thanks Milan, I have read the document carefully. I still cannot work out the 7 years period when it says in case of absences upto 730 days, 7 years residence would be expected. I know the absences are counted in the last 5 years but when are the 7 years counted from. My son for example came to UK in Jan 2007 for the first time but he had quite a few absences till his ILR. The total absences since 2007 are about 1300 days. so in total he has spent 2100 days in UK which is less than 7 years (7 x 365 = 2555). So does that mean he has to spend 2555 days in total if his absences are upto 730 days in the last 5 years?? This is my question or just the time from first entry is counted, like he has already completed his 7 years from Jan 2007.

milan69
Diamond Member
Posts: 1103
Joined: Fri Oct 18, 2013 4:09 pm

Re: Does the clock reset after 720 days after ILR??

Post by milan69 » Sun Mar 01, 2015 12:45 am

Last 7 years are counted from the day HO receives your application.
I am sometimes wrong.

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