Citizenship post ILR - Long absence out of country (sick)

[vguru_21]

Hi,

I need some help...I was granted ILR on 17/04/08. However, in the last 2 yrs I have been out of the country for nearly 417 days due to illness and treatment (kidney transplant). I was in India for the treatment..

Could I apply for a Naturalisation now? What are the chances? I have relevant documents from docs in U.K/India..Also during the time when I was off, i was still employed by the company that I currently work..

How long would the process take to get the "certificate" and then the British passport..any indicative timeline will really help..

Thanks...and pls send across any information..

[John]

How many days out of the UK in the last one year?

[vguru_21]

275 days. Out of which 250 days were sick leave (recovering from the surgery). Joined work on 05/10/09 and have since taken 24 days holidays (vacation).

Regards,
Guru

[John]

I think that is your main problem at the moment, being out of the UK for 275 days in the last year.

But could you post details of your dates in to and out of the UK in the last 5 years? That will enable members of this board to suggest when you might actually apply.

[vguru_21]

Thanks for your response..

find below table with travel out of the U.K. I was granted PR on 17/04/08.

Dates Reason Days (Outside)

11/05/03 - 12/05/03 Business 0
03/08/03-29/08/063 Personal 25
30/07/04 - 02/08/04 Personal 2
25/12/04 - 16/01/05 Personal 20
14/04/05-18/04/05 Personal 3
21/04/05- 23/04/05 Business 1
27/10/05-28/10/05 Business 0
18/08/05-19/09/05 Personal 20
8/12/05-29/12/05 Business 20
26/04/06- 07/05/06 Business 10
19/09/06-21/09/06 Business 1
10/10/06-12/10/06 Business 1
17/10/06-19/10/06 Business 1
23/10/06-25/10/06 Business 1
30/10/06-02/11/06 Business 2
06/11/06-09/11/06 Business 2
13/11/06-17/11/06 Business 3
20/11/06-23/11/06 Business 2
27/11/06-29/11/06 Business 1
04/12/06-07/12/06 Business 2
10/12/06-02/01/07 Business 22
07/01/07-12/01/07 Business 4
16/01/07-20/01/07 Business 3
22/01/07-03/02/07 Business 11
05/02/07-08/02/07 Business 2
12/02/07-22/02/07 Business 9
26/02/08-28/02/08 Business 1
09/03/07-13/03/07 Personal 3
18/03/07-24/03/07 Business 5
25/03/07-09/04/07 Personal 14
10/04/07-17/05/07 Business 36
18/05/07-11/06/07 Personal 23
24/08/07-11/09/07 Personal 16
04/10/07-13/11/07 Business 38
17/11/07-14/12/08 Business 27
14/12/08-20/01/08 Personal 36
20/02/08-16/04/08 Personal (Sick) 54

PR GARNTED - 17/04/08

20/04/08-04/11/09 Personal (Sick) 135
22/10/08-06/11/08 Personal (Sick) 13
05/01/09-01/10/09 Personal (Sick) 266
26/12/09-12/10/10 Personal 16
26/02/10-07/02/10 Personal 8


TOTAL OUTSIDE - 859 (FROM 2003)
Personal 186
Personal (Sick) 468
Business 205


Thanks for your help!

[John]

The first point to make is that only days outside the UK in the last 5 years, looking back from the date of Naturalisation application, are relevant. So for example, if you were to apply early August 2010, we can ignore the first set of entries on your list, and thus ignore 51 days out of the UK.

So 859 - 51 = 808 days, if you were to apply in early August 2010.

Why am I talking about early August 2010? Because by then, and assuming no more days out of the UK until then, the day count in the last year will be less than 90 days out of the UK. I think wait until then, and thus passing the 90 day test as regards the last year, can only help.

Let's look at the UKBA guidance to its staff ..... click here. In particular we need to look at 4.1.2, and note that 4.1.2.a is met, that is, in the 2 years prior to the 5 year period had a low level of absences.

But the other parts? Well we can note that 808 < 900, which is good, but vguru_21, do you think you have a good chance of succeeding?

[vguru_21]

Thanks again..

Personally, I think it is difficult..However, I wanted a view..I am meeting a lawyer as well to discuss..

Any idea on the timelines - to get the certificate first and then the passport (approx months)..

Regards,
Guru

[John]

I am meeting a lawyer as well to discuss

I think that is very sensible. This is clearly not a straight-forward matter.