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Continous Residency Requirement

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

Moderators: Casa, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, push, JAJ, ca.funke, Amber, zimba, vinny

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ladcameo
Newly Registered
Posts: 26
Joined: Sun Feb 25, 2018 1:22 pm
India

Continous Residency Requirement

Post by ladcameo » Fri Oct 08, 2021 9:51 am

Hi All,

Have a quick query

I know as per the rules you cant stay more than 450 days outside the UK, in the past 5 years etc. And I have stayed around for 567 days for personal reasons.

When i was reading the guidelines, it says Absence disregarded upto 900 days if you meet all other requirements AND you have established your home, family and a substantial part of your estate here.

May i know what this is please.

For the last 5 years, I am full time employee here in UK paying taxes etc.

I am keen to apply for citizenship, but want to know if there is any risk in it.

magicsign
Junior Member
Posts: 84
Joined: Mon Jan 13, 2020 4:22 pm
Italy

Re: Continous Residency Requirement

Post by magicsign » Fri Oct 08, 2021 10:13 am

Is there any particular reason of the excess of absences like compassionate/work/pandemic/health ? These can be accompanied by a small cover letter during the application but be prepared for them to be challenged (proof).

It's naturalisation by discretion, so if the case worker that will review your application doesn't think there are reasonable grounds to waive your absences you risk getting your application rejected

ladcameo
Newly Registered
Posts: 26
Joined: Sun Feb 25, 2018 1:22 pm
India

Re: Continous Residency Requirement

Post by ladcameo » Fri Oct 08, 2021 10:21 am

Yes, last year when I went to India lockdown was announced and there were no flights etc. Similarily this year when i travelled they put in the red list criteria etc.

vinny
Moderator
Posts: 32810
Joined: Tue Sep 25, 2007 7:58 pm

Re: Continous Residency Requirement

Post by vinny » Sat Oct 09, 2021 4:31 am

See also Naturalisation Guidance.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

ladcameo
Newly Registered
Posts: 26
Joined: Sun Feb 25, 2018 1:22 pm
India

Re: Continous Residency Requirement

Post by ladcameo » Mon Oct 18, 2021 9:31 am

vinny wrote:
Sat Oct 09, 2021 4:31 am
See also Naturalisation Guidance.
Thanks for this. May i know what the below means

you must only consider exercising discretion where the applicant has established their home, employment,
family and finances in the UK


My job is in UK and I get fully paid here in UK and I do pay taxes etc. Is that it ?

If we satisfy the above and there is a set of other conditions, out of which one is below

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

So I believe I have a decent chance !!

magicsign
Junior Member
Posts: 84
Joined: Mon Jan 13, 2020 4:22 pm
Italy

Re: Continous Residency Requirement

Post by magicsign » Mon Oct 18, 2021 1:23 pm

"Their home" I interpret it as you are a homeowner here in the UK (mortgage or not doesn't matter).

You can definitely use the pandemic as a reason for those excess absences

craw19
Newly Registered
Posts: 13
Joined: Tue Sep 14, 2021 8:30 am
Wales

Re: Continous Residency Requirement

Post by craw19 » Mon Oct 18, 2021 2:06 pm

We had the same issue but out of the country for different reasons almost 900 days so really pushed the limit. We specifically asked for discretion in this matter and included any evidence and reasons for the absences.

In regarding our estate, the covering letter included that we had bought a house here, our children were in school in the UK, we kept all our money in the UK and worked here. Its hard to know how much weight that had on the decision but it was never queried and really was a short paragraph in the covering letter.

Hope this helps.

ladcameo
Newly Registered
Posts: 26
Joined: Sun Feb 25, 2018 1:22 pm
India

Re: Continous Residency Requirement

Post by ladcameo » Fri Oct 22, 2021 2:00 pm

Thank you both. Unfortunately I dont own a home yet here in UK.

I am willing to take a chance on this application. If in the worst case scenario, the application gets rejected may i know if it will have any impact on my future application ?

tier1lah1
Newbie
Posts: 41
Joined: Sat Aug 19, 2017 2:00 pm

Re: Continous Residency Requirement

Post by tier1lah1 » Fri Oct 22, 2021 3:22 pm

My understanding on "has established their home in the UK" is not about buying a house but proving that your home is in UK ie: your spouse, children are in UK, work in UK etc.

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