Absence from the UK during the residential qualifying period

Hi Friends,

I've searched this forum for a clear answer or document for "Absence from the UK" before naturalisation.
Most of us agree the fact that 90days in one stretch is more strict, but have different opinion about the entire term.
(i) Few of us still think 180days restriction for 5years, but others are saying 225days.
but when i checked its 450 days
http://www.ukba.homeoffice.gov.uk/briti ... uirements/
Can you please share the document which the case worker might be using for 5 or 6 year period?

(ii) Also, in below thread
http://www.immigrationboards.com/viewtopic.php?p=317422
the person is putting a case of business travel. Suppose If I travel for vacation and if I'm getting paid (if i'm a permanent employee of a company), will that be part of business travel?

(iii) Afterwards, I read
http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/
But this is also vague and saying 300days is ok. (We normally disregard absences of up to 300 days.) . Guys who have applied recently, can you please share your experience

thanks in advance

Holiday isn't business regardless of whether it's paid holiday or not.

Most firms give less than 30 days paid holiday a year so keeping within that wouldn't give you a problem later on down the line.

meats wrote:Holiday isn't business regardless of whether it's paid holiday or not.

Most firms give less than 30 days paid holiday a year so keeping within that wouldn't give you a problem later on down the line.

Correct.

sojan wrote:Hi Friends,

I've searched this forum for a clear answer or document for "Absence from the UK" before naturalisation.
Most of us agree the fact that 90days in one stretch is more strict, but have different opinion about the entire term.
(i) Few of us still think 180days restriction for 5years, but others are saying 225days.
but when i checked its 450 days
http://www.ukba.homeoffice.gov.uk/briti ... uirements/
Can you please share the document which the case worker might be using for 5 or 6 year period?

(ii) Also, in below thread
http://www.immigrationboards.com/viewtopic.php?p=317422
the person is putting a case of business travel. Suppose If I travel for vacation and if I'm getting paid (if i'm a permanent employee of a company), will that be part of business travel?

(iii) Afterwards, I read
http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/
But this is also vague and saying 300days is ok. (We normally disregard absences of up to 300 days.) . Guys who have applied recently, can you please share your experience

thanks in advance

Read it again
One is for ILR and one is for naturalisation

sojan wrote:Hi Friends,

I've searched this forum for a clear answer or document for "Absence from the UK" before naturalisation.
Most of us agree the fact that 90days in one stretch is more strict, but have different opinion about the entire term.
(i) Few of us still think 180days restriction for 5years, but others are saying 225days.
but when i checked its 450 days
http://www.ukba.homeoffice.gov.uk/briti ... uirements/
Can you please share the document which the case worker might be using for 5 or 6 year period?

With all due respect, I think you're confusing the residential qualifying periods for economic migrant-based ILR and naturalisation.

When the qualifying period for HSMP/work permit ILR was four years, the Home Office allowed 180 days of absences from the UK over those four years. When the period was increased to five years in 2006. the official limit was kept, some say unfairly, at 180 days. However, what you have seen being discussed on this forum is some anectodal evidence from members that this limit has been increased in practice by some caseworkers to 225 days over the five years.

With regards to naturalisation, the 1981 Act has specified for applicants not married to British citizens that they may have 450 days of absences in the five years immediately preceeding their application, with no more than 90 in the last year alone (with some exceptions). So you see, it is a bit more flexible than the current rules for ILR. However as one needs to have ILR prior to naturalisation, a higher hurdle first needs to be cleared before a lower one.

Please note that these rules/limits will change with the new earned citizenship provisions that will come into effect starting in Summer 2011.

See also ILR Processing: A CaseWorker's Guide/Manual

newperson wrote: With regards to naturalisation, the 1981 Act has specified for applicants not married to British citizens that they may have 450 days of absences in the five years immediately preceeding their application, with no more than 90 in the last year alone (with some exceptions). So you see, it is a bit more flexible than the current rules for ILR. However as one needs to have ILR prior to naturalisation, a higher hurdle first needs to be cleared before a lower one.

Please note that these rules/limits will change with the new earned citizenship provisions that will come into effect starting in Summer 2011.

Thanks newperson.
But when the rules of earned citizenship comes, will the rules of naturalization be taken with more importance?

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

18.2.1.2 The residence requirements referred to in 18.2.1.1 above are that the applicant was:
a. in the UK at the beginning of the period of 5 years ending with the date of the application; and
b. not absent from the UK for more than 450 days in that 5 year period; and
c. not absent from the UK for more than 90 days in the period of 12 months ending with the date of the application; and

So what I've felt is main hurdle is "ILR" which has a 180 days restriction till now.
but naturalization is having 450 days breathing space.
Can you please correct me If I'm wrong?

If that's the case, then to get a clear idea we need to wait for next change i.e. starting concept of probationary citizenship and its rules?

Hi All
I got my ILR few weeks ago. I was absent from UK only for about 60 days during my 4 years stay in UK. But Naturalisation process allow one to be 450 days away from UK. As i understand now I can be out of UK for 390 days at a strech as still I will be away from UK less than 450 days. My idea is to find a job else where as job market is not good here. and then return UK at the end of 390 days. Wait for few months till I finish 5 years in Uk and then apply for naturalisation. For example following dates apply:

1)Came to UK 01 January 2006
2) ILR applroval 01 January 2010
3) Absent during these 4 years 60 days
4) Requirement for naturalisation 5 years of stay in UK with less than 450 days absent from UK
5) This work out 450- 60 = 390 days still I can be out of UK
6) Get a job for 365 days or less out of UK
7) Come to Uk in December 2010
8 ) Apply for naturalisation on 01 October 2011 fullfilling less than 90 days absent from UK withing the last 12 months after getting ILR Does (8) going to work or they will say that you have to be in UK from the very first day of the 12 months? and 90 days can be absent.?

How this will work? Wether this will be considered as no ties in UK for disqualification though my family will be in UK??
Any light on this as I can not find job these days in UK

Thank for all

soulfullness wrote:I got my ILR few weeks ago. I was absent from UK only for about 60 days during my 4 years stay in UK. But Naturalisation process allow one to be 450 days away from UK. As i understand now I can be out of UK for 390 days at a strech as still I will be away from UK less than 450 days.

I think you missed reading this line:

Standard requirements for naturalisation wrote:â–  have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period;

regards

soulfullness -
Your plan does look clever and you could possibly pull it off. However, I have read on this forum that in some instances NCS asked for last 5 years' P60 while reviewing naturalisation applications. And that could be a problem if you have been away for close to a year. Also, with the rules for naturalisation changing as we speak (mostly to the applicants' disadvantage), I would suggest you get the naturalisation step out of the way before being away from the UK for very long periods.

sushdmehta, you missed the following point made by soulfullness:

8 ) Apply for naturalisation on 01 October 2011 fullfilling less than 90 days absent from UK withing the last 12 months after getting ILR

This would ensure 90 days max requirement for naturalisation is met!

global gypsy wrote:sushdmehta, you missed the following point made by soulfullness:

8 ) Apply for naturalisation on 01 October 2011 fullfilling less than 90 days absent from UK withing the last 12 months after getting ILR

This would ensure 90 days max requirement for naturalisation is met!

Indeed! My apologies ...

regards