Applying for British Citizenship after ILR and time away from UK

Hi,

My wife had ILR which is expiring in Nov 2024. She was contemplating applying for British Citizenship and has delayed till now.

But, reading here https://www.gov.uk/apply-citizenship-in ... -to-remain

seems like there is a requirement on time away from UK, I initially thought it only applies for ILR and not for Citizenship applications., so, for the purposes of time period for the rules below

• spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months

is it calculated backwards from the date of application for naturalisation? i.e if I apply on the 1st of March 2024, does it mean from 1st of March 2023 and 1st of March 2024, she should not have had spent 90 days in total outside of UK and is this 90 days is cumulative (i.e if she had spend 5 days at a time and 10 days another time, it is 15 days) or is it 90 days continuously ?

thanks

n8net wrote: ↑

Sat Feb 24, 2024 9:37 pm

Hi,

My wife had ILR which is expiring in Nov 2024. She was contemplating applying for British Citizenship and has delayed till now.

But, reading here https://www.gov.uk/apply-citizenship-in ... -to-remain

seems like there is a requirement on time away from UK, I initially thought it only applies for ILR and not for Citizenship applications., so, for the purposes of time period for the rules below

• spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months

is it calculated backwards from the date of application for naturalisation? i.e if I apply on the 1st of March 2024, does it mean from 1st of March 2023 and 1st of March 2024, she should not have had spent 90 days in total outside of UK and is this 90 days is cumulative (i.e if she had spend 5 days at a time and 10 days another time, it is 15 days) or is it 90 days continuously ?

thanks

is it calculated backwards from the date of application for naturalisation? yes, from the date you submit and pay for the application

she should not have had spent 90 days in total outside of UK (in the final year) and is this 90 days is cumulative? yes. The days of travel are not counted.... so if she had a holiday from 1/7/23 to 7/7/23 and also 1/8/23 to 7/8/23 that would be 5+5=10 days outside UK


(Not sure if relevant but if she is married to a British Citizen (i.e. are you?) then the qualifying period is 3 years not 5... and the absence rules become not spent more than 270 days outside the UK during the 3 years before your application and not spent more than 90 days outside the UK in the last 12 months)

Oh and to add... ILR should not expire... I presume you mean her BRP is expiring.

yes, sorry I meant BRP.

ILR and citizenship are different applications under different sets of law - the requirements are completely separate. There is an absence requirement for ILR, and a different one for citizenship, the HO wouldn't be happy with someone becoming a citizen who hasn't lived in the UK for a long period of time, hence the residence requirement. As mentioned, all absences in the last 12 months before the application should not exceed 90 days and 270 in the last 3 years (if you are already a British citizen) or 5 years if you aren't a British citizen.

thanks all for the replies. I myself was ILR->BC, but I was a BC (British Citizen) when she was given ILR, so she is on 3 year route?

the thing is I filled out form for her and got up to the stage where it asks for referee, but don't think it asked anywhere for details of time spent outside U.K. am I doing something wrong?

n8net wrote: ↑

Sun Feb 25, 2024 1:21 am

thanks all for the replies. I myself was ILR->BC, but I was a BC (British Citizen) when she was given ILR, so she is on 3 year route?

the thing is I filled out form for her and got up to the stage where it asks for referee, but don't think it asked anywhere for details of time spent outside U.K. am I doing something wrong?

Yes to first question... so make sure exactly 3 years before the date the application is submitted she was physically present in the UK as that is another condition. e.g. if submitted on 1/3/24 that she was in UK on 2/3/21.

Yes it should (eventually) ask for details of any trips in last 3 years (3 years being determined by fact it also should ask for partner's details including your nationality being British)

cheers, I was reading https://assets.publishing.service.gov.u ... t_2023.pdf (page 13) there is a table for 3 year route, am I right in interpreting there is leniency till up to 179 days absence in the last 12 months?

or has anyone got into trouble just because of this absence in the last 12 months exceeded above 90? just wanna know how strictly it is enforced by HO?

n8net wrote: ↑

Sun Feb 25, 2024 2:40 am

cheers, I was reading https://assets.publishing.service.gov.u ... t_2023.pdf (page 13) there is a table for 3 year route, am I right in interpreting there is leniency till up to 179 days absence in the last 12 months?

or has anyone got into trouble just because of this absence in the last 12 months exceeded above 90? just wanna know how strictly it is enforced by HO?

Potential lenience yes......discretion can be exercised in relation to some criteria... importantly every application is unique and treated according to its merits. Where the conditions are not met for something like absence requirements (or good character is another good example) as you can point to there is some guidance as to what a case officer may consider given other factors.

Case officers are entitled to refuse an application if the applicant does not meet the requirements and so I would always try to meet the conditions where possible before applying.

Are you saying in this case there has been excessive absences in the last 12 months? If so I would be inclined to delay applying until the conditions are met unless there are pressing reasons to apply. It might be helpful for you to detail what would be her absences total in days for last 3 years and last 12 months if you're wanting more specific advice. That advice could include covering letter for example detailing strong ties including family ties to UK, or explanations of the trips, that could overcome concern for being somewhat outside standard absence requirements...Or the advice might be simply to delay until conditions met.

Note absences after applying do not count so if there are imminent trips abroad planned then I would factor that in to whether now is a good time to apply.

Ultimately over 90% of applications are approved but there is no automatic right to be approved.

n8net wrote: ↑

Sun Feb 25, 2024 2:40 am

cheers, I was reading https://assets.publishing.service.gov.u ... t_2023.pdf (page 13) there is a table for 3 year route, am I right in interpreting there is leniency till up to 179 days absence in the last 12 months?

or has anyone got into trouble just because of this absence in the last 12 months exceeded above 90? just wanna know how strictly it is enforced by HO?

Can you give details on how many days she spent outside the UK in the last 12 months and 3 years? Please note that in case one of these requirements isn't not respected, all other requirements must be met (so you can't exceed both absence requirements) and there are sometimes other requirements to meet - so you need to be precise to understand what are the circumstances that apply to you. The requirements are enforced strictly, nationality law is complex and British citizenship is a privilege, not a right.

thanks all.

only in the last year, she is been away for two months already and got plans to go abroad soon as well.

so, her absences in last year and 3 years are exactly same, as no travel outside UK for last year.

n8net wrote: ↑

Sun Feb 25, 2024 8:38 am

thanks all.

only in the last year, she is been away for two months already and got plans to go abroad soon as well.

so, her absences in last year and 3 years are exactly same, as no travel outside UK for last year.

From the guidance page 14:

Normal permitted absences in final 12 months of your qualifying
period
90 days
Total number of absences normally disregarded 100 days
Total number of absences normally disregarded only if all other
requirements are met and you have demonstrated links with the UK through presence of
family, and established home and a substantial part of your estate.

101 – 179 days

Why not submitting application before travelling again, when she is under the 90 days absences requirement? She already has ILR, so no point in delaying further and applying when she may need to demonstrate stronger ties to the UK.

the reason, can't submit now is she is due to fly out again next week, and will not hv sufficeint time to complete biometrics.

is there a limit on time that can be between date of application and date of submission of biometics?

thanks

She has 45 working days to attend biometrics. How long is her upcoming trip?

n8net wrote: ↑

Sat Feb 24, 2024 9:37 pm

Hi,

My wife had ILR which is expiring in Nov 2024. She was contemplating applying for British Citizenship and has delayed till now.

But, reading here https://www.gov.uk/apply-citizenship-in ... -to-remain

seems like there is a requirement on time away from UK, I initially thought it only applies for ILR and not for Citizenship applications., so, for the purposes of time period for the rules below

• spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months

is it calculated backwards from the date of application for naturalisation? i.e if I apply on the 1st of March 2024, does it mean from 1st of March 2023 and 1st of March 2024, she should not have had spent 90 days in total outside of UK and is this 90 days is cumulative (i.e if she had spend 5 days at a time and 10 days another time, it is 15 days) or is it 90 days continuously ?

thanks

Just want to add one point, ILR doesn't expire. If her BRP expires in Nov, she will be able to get a digital ILR evisa by creating a UKVI account from April this year, free of charge and won't expire again.

she will be away for more than 45 days, is it possible to make an online application for naturalisation while being away from UK. (i.e at the time of application she will be outside UK) and but will come back to do the bio within 45 days.

and just also wanted to know what happens if she does not come back within the 45 days? application is refused and so is the fee is lost ?

No, she has to be in the UK to apply. Note that the limit is 45 working days (around 7 weeks) not 45 calendar days. If she doesn't attend biometrics there is a way to withdraw the application (which I am not sure how to do) and get the money back (which takes a while, no timeline is provided for refunds).

n8net wrote: ↑

Sun Feb 25, 2024 1:17 pm

she will be away for more than 45 days, is it possible to make an online application for naturalisation while being away from UK. (i.e at the time of application she will be outside UK) and but will come back to do the bio within 45 days.

and just also wanted to know what happens if she does not come back within the 45 days? application is refused and so is the fee is lost ?

Sounds like a strategic decision needs to be taken then. Personally I would look to get the application in before she makes that trip if all requirements can be met. I think it works out around 2 calendar months to get biometrics (and documents) submitted at a UKVCAS centre but of course how easy it is to get a slot can depend on the centre(s) near you... some are more popular than others. If biometrics can't be submitted before she goes away then I would weigh up the potential for a temporary return during the trip away for to attend a UKVCAS appointment.

The alternative I would suggest is she does the trip and you wait until the 90 days in last 12 months criteria is met before submitting application. However... if she plans to make further trips this may be a non starter.

Also to mention you get 3 months to attend the ceremony once approved and approvals seem to be taking typically about 4 months at moment although can vary enormously. Something else to consider if she does plan repeated trips overseas.

I recently was in a similar situation to this with my wife as she unexpectedly had to start making lengthy trips abroad due to demise, death, estate of her mother... we were able to get the application in before trips went beyond 90 days and get biometrics done before her imminent next trip.

Sorry I missed the comment "she is due to fly out again next week" above....hmmm

Yeah not enough time realistically to ensure biometrics can be done and all documents gotten together like referees.

All bad timing I'd say.... my advice would depend on whether further trips planned in coming months.... if not then after this trip I'd run down the clock until the 90 days in last 12 months criteria is met... then apply. If further trips are planned.... not easy to advise.

is it possible to apply while away from UK and then come back to UK to do the biometrics ?

want to take a chance on 90 day rule as she meets all other criteria ?

is it possible to apply while away from UK and then come back to UK to do the biometrics ?

You need to apply in the UK and complete the absence schedule accordingly. How would you do that if you are away?

n8net wrote: ↑

Sun Mar 03, 2024 6:19 pm

is it possible to apply while away from UK and then come back to UK to do the biometrics ?

want to take a chance on 90 day rule as she meets all other criteria ?

From the guidance page 14:

Normal permitted absences in final 12 months of your qualifying
period
90 days
Total number of absences normally disregarded 100 days
Total number of absences normally disregarded only if all other
requirements are met and you have demonstrated links with the UK through presence of
family, and established home and a substantial part of your estate.

101 – 179 days

If she is absent up to 100 days in the last year it is normally disregarded. Need to supply further proof if she is absent for more than that. Not possible to apply from outside the UK.

thanks, as the guidance says, she has upto 179 days absence in the last 12 months (3 years absence is same as last 12 months).

so I can time it to apply in a way that she is within 179 days? but she may have to be away from UK again. hence why wanted to know if she can apply from abroad and come back to UK to give bio, rather than having to wait weeks to give bio in the UK. (this is all because of urgent and frequent need for travel outside UK for the next 18 months or so)

does the guidance say anywhere the online form cannot be submitted while being abroad?

n8net wrote: ↑

Sat Feb 24, 2024 9:37 pm

Hi,

My wife had ILR which is expiring in Nov 2024. She was contemplating applying for British Citizenship and has delayed till now.

But, reading here https://www.gov.uk/apply-citizenship-in ... -to-remain

seems like there is a requirement on time away from UK, I initially thought it only applies for ILR and not for Citizenship applications., so, for the purposes of time period for the rules below

• spent more than 450 days outside the UK during the 5 years before your application
  spent more than 90 days outside the UK in the last 12 months

is it calculated backwards from the date of application for naturalisation? i.e if I apply on the 1st of March 2024, does it mean from 1st of March 2023 and 1st of March 2024, she should not have had spent 90 days in total outside of UK and is this 90 days is cumulative (i.e if she had spend 5 days at a time and 10 days another time, it is 15 days) or is it 90 days continuously ?

thanks

ILR won't expire, the BRP will have a date on it because HO is phasing out physical BRPs but ILR will still be valid.

ILR and citizenship have different requirements, completely different regulations, so yes she has to respect absence requirements. She has to have spent less than 90 cumulative days outside the UK in the 12 months leading to the application but departure date and return date don't count.
There is some discretion if her days of absence are below 180 but she may need to provide more documents to show her links to the UK.