Gaps in residence

Hi all,

I wonder if anybody could help me with my query. I have obtained my ILR in April 2012 on HSMP and Tier 1 basis but I have been resident in the UK for nealry 8 years. My ILR was given as backdated to september 2011 as I had already completed the required period by then. so they gave me a letter saying i would be eligible to apply for citizenship in septmebr 2012.
However I went to USA in June 2012 and returned in January 2013 after a gap of 7 months.
I own a limited company and have been paying NI and taxes all the while. ust want to know if its a good idea for me to apply for citizenship as theres now a gap of 7 months though I would have had already completed the required 12 months on ILR by september 2012.
I need your advice guys. Please let me know what u guys think.
Thanks

i would suggest you wait 4months before you apply as the one requirement that has to be met is no absence longer than 90 days in the 12 months before application.

kpkr97 wrote:Hi all,

I wonder if anybody could help me with my query. I have obtained my ILR in April 2012 on HSMP and Tier 1 basis but I have been resident in the UK for nealry 8 years. My ILR was given as backdated to september 2011 as I had already completed the required period by then. so they gave me a letter saying i would be eligible to apply for citizenship in septmebr 2012.
However I went to USA in June 2012 and returned in January 2013 after a gap of 7 months.
I own a limited company and have been paying NI and taxes all the while. ust want to know if its a good idea for me to apply for citizenship as theres now a gap of 7 months though I would have had already completed the required 12 months on ILR by september 2012.
I need your advice guys. Please let me know what u guys think.
Thanks

You would normally need to meet the following standard residential requirements:

(1) not away >450 days in the last 5 years (270 days in 3 years if based on marriage)
(2) not away >90 days in the last 1 year
(3) not away on the beginning of your qualifying period (5 and 3 years respectively)
(4) not away on the day HO receives your application.

Absences of >90 days maybe OK as caseworker is allowed to apply discretion

People with >90 days away have been given BC

I was successful

http://www.immigrationboards.com/viewto ... 081#869081

vinitmanu wrote:

kpkr97 wrote:Hi all,

I wonder if anybody could help me with my query. I have obtained my ILR in April 2012 on HSMP and Tier 1 basis but I have been resident in the UK for nealry 8 years. My ILR was given as backdated to september 2011 as I had already completed the required period by then. so they gave me a letter saying i would be eligible to apply for citizenship in septmebr 2012.
However I went to USA in June 2012 and returned in January 2013 after a gap of 7 months.
I own a limited company and have been paying NI and taxes all the while. ust want to know if its a good idea for me to apply for citizenship as theres now a gap of 7 months though I would have had already completed the required 12 months on ILR by september 2012.
I need your advice guys. Please let me know what u guys think.
Thanks

You would normally need to meet the following standard residential requirements:

(1) not away >450 days in the last 5 years (270 days in 3 years if based on marriage)
(2) not away >90 days in the last 1 year
(3) not away on the beginning of your qualifying period (5 and 3 years respectively)
(4) not away on the day HO receives your application.

i was reading this forum as will be applying for naturalisation soon
understood point 1st.2nd.4th but What do you mean by 3rd point point didnt quite understand it and haven't heard of this?

(3)not away on the beginning of your qualifying period (5 and 3 years respectively) where does it say that in standard residential requirements?

maybe someone you or someone can shed some light on this

shaz1980 wrote:
i was reading this forum as will be applying for naturalisation soon
understood point 1st.2nd.4th but What do you mean by 3rd point point didnt quite understand it and haven't heard of this?

(3)not away on the beginning of your qualifying period (5 and 3 years respectively) where does it say that in standard residential requirements?

maybe someone you or someone can shed some light on this

According to HO point 3 is the main reason most applications get rejected. If you are applying for citizenship, then exactly 5 years ago (or 3 years if married to British citizen, etc) you need to have been physically present in UK. There are many example dates/calculations of this on the forum and examples are also mentioned in the guidance notes - so it's pretty well documented. If you don't meet this requirement then your application will be rejected.