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Limit for absence between ILR and naturalisation?

Posted: Mon Oct 29, 2012 8:52 am
by prit
Hi,
What is the limit for days spent outside the UK between obtaining the ILR and the naturalisation (i.e in the 6th year)?
Thanks

Posted: Mon Oct 29, 2012 11:31 am
by vinny
Around 90 days.

Posted: Mon Oct 29, 2012 11:42 am
by prit
Hi Vinny,

Thank you very much for the response.

The reason I was asking the question is because there are 2 criteria re the qualification that read a bit confusing to me:

1) not spent more than 450 days outside the UK during the five-year period;
2) and not spent more than 90 days outside the UK in the last 12 months of the five-year period

As the qualification criteria for ILR is having not spent more than 180 days in the 5 years. How is it possible to reach the 450 days mentioned in the first item above when applying for naturalisation? Does this mean you do not need to spend more than 450-180=270 days in the year 6? Or should I take item 2 as the leading article and say it is 90 days for year 6(although it still talks about a 5 year period, which must have already been presented during the ILR application)?

Thank you!

Posted: Mon Oct 29, 2012 2:47 pm
by Jambo
prit wrote:How is it possible to reach the 450 days mentioned in the first item above when applying for naturalisation? Does this mean you do not need to spend more than 450-180=270 days in the year 6? Or should I take item 2 as the leading article and say it is 90 days for year 6(although it still talks about a 5 year period, which must have already been presented during the ILR application)?
For ILR, work related absences are normally disregarded. For naturalisation every absence counts so it is possible to reach the 450 days.

Also, one might apply for naturalisation many years after obtaining ILR so his time before ILR might not be relevant.

Naturalisation and settlement are two separate applications. It's doesn't matter what you presented for ILR. You need to meet the naturalisation requirements. The 5 years for naturalisation are the 5 years prior to the application. For many applicant this would be year 1-6 (so ignoring the first year in the UK).