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Residence Requirement (British Citizenship) -270 days rule

Posted: Thu Jul 08, 2021 5:52 pm
by eclectic
Hi guys,

Apologies if this has been asked before but I am about to make an application for British citizenship for my wife under 3 years residence status as I am a British citizen and I understand that you cannot be absent for more than 270 days in 3 years and 90 days in last 12 months. but my question is, do they only count absences of more than 14 days or even 2-3 days holiday abroad count as an absence? the reason I ask this is because while applying for ILR, it only asked for absences more than 14 days.

can someone please advise on this? do I need to included all absences to include 2-3 days onces or just the ones over 14 days?

Thanks

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Thu Jul 08, 2021 5:54 pm
by CR001
All absences.

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Thu Jul 08, 2021 8:02 pm
by secret.simon
All whole-day absences count.

So, if you left on one day and returned that same day or the immediately next day, it will not count, as you were in the UK for part of both days.

But, if you left one day, spent two whole days outside the UK and returned on the third day, that would count as a two day absence, which should be entered in the application.

Naturalisation applications are made under different laws, rules and regulations from immigration application, like ILR and are not a part of the immigration pathway, which ends at ILR.

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Fri Jul 09, 2021 9:16 am
by eclectic
thanks guys, thats very helpful!
just to be clear when counting days..the day of departure and day of arrival dont count as ones is still present in UK on those dates?

Also, I was reading the guidance notes and it states that abesences up to 300 days could be ok at their discretion..In my case, we r just abt 10 days more than 270..I take we should be ok? couple of trips ended up being longer coz of Covid.

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Sat Jul 10, 2021 5:19 pm
by eclectic
Hi Guys,

Has anyone applied with absences over 270 days in last 3 years? is it ok with 286 days or better off waiting to keep it under 270 days? the guidance says up to 300 days is acceptable but not sure if its worth takin slight risk..thanks

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Sat Jul 10, 2021 11:40 pm
by alterhase58
You should certainly include an explanatory note why you have been over the normal absence total - the guidance stipulates the level to which excess absences are "disregarded" so we need to take them by their word - there have been reports from members who were approved with excess absences. So best to attach a note and ensure all other details are correct.

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Tue Jul 13, 2021 11:40 am
by eclectic
alterhase58 wrote:
Sat Jul 10, 2021 11:40 pm
You should certainly include an explanatory note why you have been over the normal absence total - the guidance stipulates the level to which excess absences are "disregarded" so we need to take them by their word - there have been reports from members who were approved with excess absences. So best to attach a note and ensure all other details are correct.
thanks mate

Re: Residence Requirement (British Citizenship) -270 days rule

Posted: Mon Aug 02, 2021 12:36 pm
by eclectic
Hi Guys,

Apologies if this has been answered multiple times before but can someone please confirm that I only need to provide passport copies of all pages as proof of living in UK for last 3 years? I am worried as some of the stamps are not on it as my wife was travelling as a registered traveller and could just use electronic gates to return to UK.

Please can someone advise on if and what should I submit as evidence apart from passport? thanks

referring to below on the application

Proof of living in the UK for ....... for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen