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Naturalisation - Days out of the country
Posted: Wed Nov 20, 2013 11:00 am
by ClearBlueSky
Hello!
A very big thank you to all of you who maintain this forum and answer questions.
I have just got my ILR (Tier 1 Migrant). I have spent 130 days out of the UK in the last 7 years (pre ILR).
I have to fly out of the UK for potentially 1 year (family matter that cannot be postponed) and was wondering how this would affect my naturalisation application.
I have read on the UKBA website that I could have been out of the country for 450 days within the past 5 years. Does this mean I would have to wait a further 5 years before applying for naturalisation?
Thanks!
Re: Naturalisation - Days out of the country
Posted: Wed Nov 20, 2013 11:17 am
by Damanisshallo
ClearBlueSky wrote:Hello!
A very big thank you to all of you who maintain this forum and answer questions.
I have just got my ILR (Tier 1 Migrant). I have spent 130 days out of the UK in the last 7 years (pre ILR).
Can you split this 130 days broken down into years?
I have to fly out of the UK for potentially 1 year (family matter that cannot be postponed) and was wondering how this would affect my naturalisation application.
I have read on the UKBA website that I could have been out of the country for 450 days within the past 5 years. Does this mean I would have to wait a further 5 years before applying for naturalisation?
Depends on how you split your 130 days but for sure it wouldn't be 5 yrs.
Thanks!
Posted: Wed Nov 20, 2013 11:30 am
by ClearBlueSky
The details are as follows:
[b]Year - Days out of the UK[/b]
2006 - 0
2007 - 0
2009 - 26
2010 - 24
2011 - 34
2012 - 25
2013 - 21
Total - [b]130 Days[/b]
Thanks so much!
Posted: Wed Nov 20, 2013 12:04 pm
by Damanisshallo
IMHO, you should be able to apply for your BC in Sep 2015.
My Assumptions are below,
1. Lets Assume you leave now and return in Nov 2014 -> 365 days
2. If you apply in Sep 2015, one of the criteria is
"not spent more than 90 days outside the UK in the last 12 months of the five-year period;"
Which means from Sep 2014 - Sep 2015 you'd have been out of the UK in Sep,Oct & Nov 2014 which is less than 90 days.
3. Second criteria is
"not spent more than 450 days outside the UK during the five-year period"
Which means couting backward from Sep 2015 - Sep 2010, you should'nt have been out of the UK for more than 450 days.
Now let us assume you going out for 365 days.
- Assuming your 2010 was pre-Sept
2011 - 34
2012 - 25
2013 - 21
2013-2014 - 365
Total - 445 days
Posted: Wed Nov 20, 2013 1:06 pm
by ClearBlueSky
Thanks so much. This information is very helpful to me.
Posted: Wed Nov 20, 2013 1:26 pm
by John
ClearBlueSky, I fear you are in danger of ignoring another rule, that is, in the one year ending with the date of application for Naturalisation, you should not have been out of the UK for more than 90 days. OK there is a bit of leeway in that, but nothing like the 365 days mentioned by Damanisshallo.
There is a danger that you will need to wait for 9 months after you return, so that the day count in the last year is 90 or below.
Posted: Wed Nov 20, 2013 1:40 pm
by ClearBlueSky
Hi John,
Thanks for your reply.
It was my understanding that Damanisshallo had already taken the 90 day rule into account in his calculation in point number two.
2. If you apply in Sep 2015, one of the criteria is "not spent more than 90 days outside the UK in the last 12 months of the five-year period;"
Which means from Sep 2014 - Sep 2015 you'd have been out of the UK in Sep,Oct & Nov 2014 which is less than 90 days.
Am I misunderstanding here?
Thanks!