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Naturalisation: Absences from the UK
Posted: Mon Mar 27, 2017 11:55 am
by john__k
Hi,
I'm an EEA citizen who acquired permanent residence status in the UK the 1/12/15.
In the Absences from the UK section of the booklet it is mentioned:
To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months
Later in the same section there is a table with the following heading and text
Absences from the United Kingdom during the last 12 months of your
qualifying period (QP)
Normal permitted absences in final 12 months of your qualifying period 90 days
I've got the following question.
Is the 90 days residence requirement for the last year of the qualifying period (for me it's 1/12/14-1/12/15) or for the last year from the day the Home office receives my naturalisation application? Or is it both?
I find the language ambiguous.
Thanks
Re: Naturalisation: Absences from the UK
Posted: Mon Mar 27, 2017 11:57 am
by MrSlyFox
It is for the year prior to naturalization. So if you apply today, it will be 90 days within the year from 27th of March 2016 till today.
Re: Naturalisation: Absences from the UK
Posted: Mon Mar 27, 2017 4:13 pm
by john__k
Thanks for your prompt reply MrSlyFox .
Is your answer based on past experience - reference?
Do you think it makes sense for me to ask the Home Office for a clarification?
Do then 2 different 90 days requirements apply?
One for the year prior to naturalisation and another one for the last year of the qualifying period?
Re: Naturalisation: Absences from the UK
Posted: Mon Mar 27, 2017 4:17 pm
by alterhase58
john__k wrote:Thanks for your prompt reply MrSlyFox .
Is your answer based on past experience - reference? it's explained in the guide and instructions to the AN Form.
Do you think it makes sense for me to ask the Home Office for a clarification? No need if you follow the requirements
Do then 2 different 90 days requirements apply?
One for the year prior to naturalisation and another one for the last year of the qualifying period?Don't follow your thinking - For AN application it's always counting back from the application date .
Re: Naturalisation: Absences from the UK
Posted: Sun Apr 23, 2017 10:03 pm
by john__k
Thanks for the reply alterhase58. That's now clear about the last 12 months.
I have got a similar question about the absence in the 5 year period requirement.
In the booklet mentions
you should not have been outside the UK for more than 450 days in the 5 year
qualifying period
Since I got the permanent residence status in the UK the 1/12/15 is my qualifying period the 1/12/10-1/12/14? (for which I have to make sure I do not exceed 450 days in absences)
What I find confusing is that in the application form in section 2.2 where the absences should be declared there is no mention of the QF - the wording mentions the "last 5 years"
Please give details of all absences from the United Kingdom during the last five years
Is the absences requirement for the QF or the last 5 years?
Re: Naturalisation: Absences from the UK
Posted: Sun Apr 23, 2017 10:15 pm
by alterhase58
It's always counting back from the date of your BC application - nothing to do with your PR qualifying period. BC is separate from PR, both in law and who processes your application so don't rely on Nationality department knowing all your PR application details.
Re: Naturalisation: Absences from the UK
Posted: Sun Apr 23, 2017 10:15 pm
by CR001
No. The 5 year qualifying period for citizenship is the 5 years immediately preceding the date of application for citizenship and the absence relates to these 5 years only. You should also make sure that you were physically present in the UK exactly 5 years ago on the date corresponding with your date of citizenship application.
Re: Naturalisation: Absences from the UK
Posted: Mon May 08, 2017 10:16 am
by john__k
Thanks for your enlightening replies.