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Confused absence
Posted: Mon Oct 13, 2014 9:15 pm
by Greg1000
Hello there.
Guys,I need your help.
My application for naturalisation is ready,I have met all requirements.
I have passed Live in UK test,I have proper ESOL qualification,I have not spent more than 450 days outside the UK during those 5 years,and no more than 90 days outside the UK in the last 12 months.
I came to UK in 2006 and obviously have Home Office as well.
However in 2011 I have been outside UK for 226 days due to family circumstances.
Still not exceed 450 days, is this true that because I have been away for 226 days in 2011 I am not eligible to apply for the citizenship?
Re: Confused absence
Posted: Tue Oct 14, 2014 4:13 am
by milan69
You can apply.
It is is 450 days in total in the last 5 years and 90 days in the final year.
You have to hold ILR for one year.
Re: Confused absence
Posted: Tue Oct 14, 2014 5:03 am
by Greg1000
That's what I thought.
But someone told me,that break of a continuous 6 months or more is considered a break in treaty rights/residence.
Re: Confused absence
Posted: Tue Oct 14, 2014 6:52 am
by milan69
I never have come across such thing and there is no mention of it in AN Guide.
Re: Confused absence
Posted: Tue Oct 14, 2014 11:07 am
by Julian11
It depends how you qualify. If you are applying on the basis of exercising EU treaty rights in the UK, then indeed, 180 days (6 months) or more in any particular year (doesn't even have to be consecutive) breaks your treaty rights being exercised in the UK and resets your residence period when you come back after that. But again, this is only if you are applying as an EU citizen.
Re: Confused absence
Posted: Fri Nov 07, 2014 8:36 pm
by Greg1000
Hi.
Sent an email to Home Office with the same question.
Received answer today: "There are cases where discretion can be applied to excess absences, although it doesn’t appear your absence would be considered as excessive as it is under the allowance of 450 days in the 5 year qualifying period.
But it doesn't clearly say "yes or no".
What do you think?
Re: Confused absence
Posted: Fri Nov 07, 2014 9:40 pm
by fwd079
Greg1000 wrote:Hi.
Sent an email to Home Office with the same question.
Received answer today: "There are cases where discretion can be applied to excess absences, although it doesn’t appear your absence would be considered as excessive as it is under the allowance of 450 days in the 5 year qualifying period.
But it doesn't clearly say "yes or no".
What do you think?
I think bold part is extremely clear.
Re: Confused absence
Posted: Fri Nov 07, 2014 9:52 pm
by Greg1000
So am I eligible or not?
Re: Confused absence
Posted: Sat Nov 08, 2014 1:17 pm
by fwd079
Greg1000 wrote:So am I eligible or not?
Book NCS appointment and apply.
Re: Confused absence
Posted: Thu Nov 13, 2014 7:56 pm
by Greg1000
Cheers mate.
Re: Confused absence
Posted: Wed Feb 18, 2015 9:22 am
by Greg1000
Good morning.
Last time I was in here in November.
As I was busy since then,I didn't do nothing about my Citizenship.
Could anyone tell me what about the rules about that?
Has something changed,any new requirements?
Not quite sure if I'm still allowed to do it.
I've sent a question to Home Office,but there is no answer.
Thanks
Re: Confused absence
Posted: Wed Feb 18, 2015 10:59 am
by milan69
All the info already given still applies.