Page 1 of 1
182 days absence, approved settlement s. Will they approve citizenship?
Posted: Sun Sep 08, 2024 2:12 pm
by Ukcitizen1234
I wanted to ask the community for advice.
I'm planning on appliying to British Citizenship this week. I have EU settlement status. I'm just a bit concerned because at the time I applied for settlement status, I had a 182 days absence, 2 more days than 180. I know the guidance is not very clear as if 6 months in any 12 month period for absensces means 180, 182 or a 184 days.
Anyway, I've got given Settlement status which was great news. But now I want to apply for Citizenship, and I'm scared that they will see the exact in and out days in this last 5 years and potentially see this 182 days absence and maybe not give me British citizenship and maybe even revoke my settlement status. Am I over reacting?
Thanks a lot!
182 days absence, approved settlement s. Will they approve citizenship?
Posted: Sun Sep 08, 2024 2:17 pm
by meself2
Naturalization (citizenship) and immigration (settled status) are two different processes with two different requirements -> granting of one is not a guarantee another one will be granted.
In your case it's helpful to state the full five yeart residence history and consult the documentation -
https://www.gov.uk/government/publicati ... accessible
182 days is acceptable, if it's the only absence you had:
Normal permitted absences in qualifying period 450 days
Total number of absences normally disregarded. 480 days
I assume you're applying not as a spouse of Birith citizen here.
Re: 182 days absence, approved settlement s. Will they approve citizenship?
Posted: Sun Sep 08, 2024 2:21 pm
by alterhase58
I think you may be over-reacting .....
Note that naturalisation is totally separate from the immigration regulation, EUSS is immigration.
For naturalisation absences are counted back from the application date. what are the 182 days?
Total allowed absences for naturalisation are 450 days over the five years in total, and 90 days in past 12 months.
Have you reviewed the AN guidance?
https://www.gov.uk/government/publicati ... bookmark11
It is straight forward, no average, etc - count up all absence days (excluding travel days out/back to UK).
Re: 182 days absence, approved settlement s. Will they approve citizenship?
Posted: Sun Sep 08, 2024 4:20 pm
by Ukcitizen1234
Thank you both for your time.
I'm aware there are different absence rules for Citizenship and Settlement.
Regarding Citizenship absence rules, I'm all good, I haven't been abroad for more than 450 in the last 5 years or 90 in the last 12 months.
It's just that I was concerned that by detailing every in and out date, they would be able to see that in the settlement period I broke the 180 days absence rule, and potentially revoke my settlement status and therefore making me unable to apply for Citizenship.
However some solicitors seem to believe 182 days might still be ok as 6 months in every 12 months could as well be 182.5 days -365 divided 2=182.5 days.
I guess it's uncommon to revoke a Settlement status if already granted right?
Re: 182 days absence, approved settlement s. Will they approve citizenship?
Posted: Mon Sep 09, 2024 11:07 pm
by Ixeon659
if you are worried, you can wait a little bit more, so that 182 days absence period is out of the last 5 years. Then you can apply without worrying, because you won't need to specify that absence period at all and it won't be counted.
Re: 182 days absence, approved settlement s. Will they approve citizenship?
Posted: Tue Sep 10, 2024 2:12 pm
by Ukcitizen1234
Thank you so much for your advice, but for personal reasons I have to apply now :/