5 year rule for naturalisation.

[transpondia]

John, I understand the rule completely, but am foxed by the rationale and/or history behind it. To my knowledge it is the only residency based rule that has such a quirky condition like this.

What indeed was (if you might know) the rationale behind it?

[John]

Sorry, I don't know the logic behind it, except possibly as a very easy to determine yes/no type of question.

The alternative might be to have to add up all the days the person has actually been in the UK .... and especially in pre-computer days that might take a lot longer to check out.

That is the only reason I can possibly think of.

[Eugene_UK]

I was trying to find an answer on the Forum but did not manage to get one so post my question here. Please kindly advise:
I will apply for ILR in January 2008.
Then, after this, my company wants me to work abroad in our overseas office - I do not know for how long, it could be for more than 1 year. Then I can return to the UK.
Is this situation manageable in terms of applying for naturalisation in the future or I will loose any chances to get British passport?
And if I miss my chance to apply for naturalisation as most probably I will not qualify for 5+1 rule (more than 90 days out of the country during last year after ILR) will I have any chance to apply for naturalisation and when? Many thanks in advance.

[John]

most probably I will not qualify for 5+1 rule (more than 90 days out of the country during last year after ILR)

That is not quite what the rule is! It is not more than 90 days in the year after ILR ..... it is more than 90 days in the one year up to when the Naturalisation application is made! And of course that application might be made at any time, after ILR has been held for one year .... not necessarily immediately the one year mark is hit.

[transpondia]

Sorry, I don't know the logic behind it, except possibly as a very easy to determine yes/no type of question.

Thanks.

The best I was able to surmise was they did it to avoid someone fixing a start date that gave them some advantage. Yours is probably closer to the mark...

[Eugene_UK]

Dear John, many thanks.

And thank you for correcting me - I meant exactly the same.

My former boss who held ILR as ex-asylium seeker went on business to Prague and spent there one year+ coming to UK for a short peroids of time. Then, after getting back to UK, he had to wait another year in order to apply for naturalisation.

Have you seen any legal info for my case? What are preconditions and restrictions would be. I understand that a year prior to application for naturalisation I will still be required not to be out of the country for more than 90 days?

[John]

There is a bit of leeway on that 90 days figure. Certainly up to 100 days is OK in practice, but above that it starts to get a bit tricky.

Nothing to stop you living and working abroad with your ILR, but do be aware that if there is a continuous period of more than 2 years outside the UK then you would need to apply at a British Mission for permission to be treated as a Returning Resident.

One year wait after getting back to living in the UK? Subject to no further absences 9 months is enough wait. That is, say you are outside the UK from 01.07.07 to 30.06.08, then if no further absences after 30.06.08, it will be on say 31.03.09 that you will be able to show 90 days or less in the last year has been spent outside the UK.

[Eugene_UK]

John, many thanks indeed, it`s clear now.
Friday is always a good day and escpecially after news like this.
Hopefully they will not change this rule in the future

[Eugene_UK]

I wonder if this year spent out of the coutry after receiving ILR is NOT work related, say holiday, - does it make any impact on future naturalisation directly or non-directly?

[John]

Eugene_UK, the impact will simply be on the day counts in the "not out of the UK more than 450 days in the 5 years up to when BIA receive the Naturalisation application" test (or for those married to or in Civil Partnership with a British Citizen the "not out of the UK more than 270 days in the 3 years up to when BIA receive the Naturalisation application" test) ...... and also the "not out of the UK more than 90 days in the 1 year up to when BIA receive the Naturalisation application" test.

[pantaiema]

Dear John

I ams still quite do not understand. Let take for instance someone apply for ILR in June 2007and ILR is eventualklt granted on December 2007. When is the earliest date s/he could apply for naturalisation ?

Thanks for your advice.

Pantaiema

[John]

Assuming all the other tests are passed ..... 15 months after June2007 is some time in September 2008 .... so certainly by the end of September 2008 they would be allowed to apply for ILR .... even though ILR has only been held for say 9 months.

Or more extreme example ..... someone applies for ILR in say January 2005 ...... and ILR was actually granted this month, May 2007, assuming all other tests passed, they can apply for Naturalisation immediately, because it is already more than 15 months since they applied for their ILR.

[pantaiema]

John,
Thank yoyu for your reply. you mena hear Naturalisation, do not you ??

thank

Assuming all the other tests are passed ..... 15 months after June2007 is some time in September 2008 .... so certainly by the end of September 2008 they would be allowed to apply for ILR .... even though ILR has only been held for say 9 months.
.

[John]

Hey yes, of course, Well spotted the deliberate mistake .... well actually a real mistake!

Thanks pantaiema.