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ILR absence and citizenship
Posted: Thu Apr 11, 2024 1:40 am
by Taleem99
Hi Zimba,
I was issued ILR almost six months back. However, due to some requirements, I need to travel outside the UK for some medical treatment. The stay can be longer from six months to 12 months.
I read on the internet that ILR will lapse automatically if someone has continued / nonstop 2 years absence from the UK. Is this true?
Due to my genuine reason and medical condition, If I break the 2 years absence like travelling to the UK once or twice in every 2 years would allow me to save my ILR status?
Also if there is any exemption to apply for citizenship ( one year after ILR) with supporting medical evidence if the home office accepts such absence based medical related evidence, else will keep/ maintain the ILR status until my return to UK
I Appreciate your kind comments on my above queries please.
Thanks
Re: ILR absence and citizenship
Posted: Thu Apr 11, 2024 1:42 am
by Taleem99
My previous topic was locked and therefore created the new one. I hope I am following the right procedure.
thanks
Re: ILR absence and citizenship
Posted: Thu Apr 11, 2024 1:45 am
by zimba
ILR status will automatically lapse if you are absent from the UK for more than 24 months. You then have to apply for a returning resident visa and prove you have strong connections to the UK to return. There are no guarantees that your ILR will be reinstated
https://www.gov.uk/returning-resident-visa
British citizenship is a separate process under nationality law and its grant is
fully discretionary. It also has much stricter requirements for absences as you cannot have more than 90 days of absence in the final 12 months before applying, at all.
Re: ILR absence and citizenship
Posted: Thu Apr 11, 2024 9:33 am
by Frontier Mole
The Citizenship absence period is very strictly enforced. If you are out of the country for elective reasons, such as seeking medical treatment then it is highly unlikely that would be a considered compelling and exceptional reason to wave the absence period.
If for example you were involved in an accident overseas and were hospitalised for 6 months that would be different.
Exceptions for absences for British citizenship
Posted: Fri Apr 04, 2025 8:52 pm
by Taleem99
Dear Sir,
I have lost the subject line of my previous topic and don’t remember how to find/retrieve this and therefore I am trying a new subject. Please accept my apology in this regard.
I am planning to apply British citizenship on 5-year ILR route. However, due to illness, and travelling abroad due to medical treatment my absence has increase beyond the permittable limit.
Therefore, I am looking for your kind expert comments if there are exceptions for absences from the UK when applying for British citizenship, allowing the Home Office to exercise discretion in certain circumstances, such as illness, even if absences exceed the standard limits. thanks
Re: Exceptions for absences for British citizenship
Posted: Fri Apr 04, 2025 9:15 pm
by CR001
Topics Merged!!
You have already been given advice about this. Asking again doesn't change the answers.
Very long absence as you have previously explained, are unlikely to be accepted. Citizenship is at discretion and if you fail to meet the requirements, you won't be approved. Obviously medical care is available in the UK. You choosing to go elsewhere is your choice.
Re: Exceptions for absences for British citizenship
Posted: Sat Apr 05, 2025 7:59 am
by contorted_svy
Discretion exists, but there are limits. How many days precisely did you spend out of the UK in the last year and in the last 5 years?
Re: Exceptions for absences for British citizenship
Posted: Sat Apr 05, 2025 6:17 pm
by Taleem99
Thanks for the quick response. Highly appreciated.
I received NHS Gastroenterology reply after six month based on GP recommendation and now they suggested for Liver Fibro scan which I am afraid will take another six month. NHS was excellent in the past but now they have restrict procedure and protocols , long waiting time and God knows during this all waiting something what happened internally and therefore I was forced to travel UAE , secured a PVT Insurance and done lot of procedure and treatment and now on their surveillance plans.
I am preparing my travel history now and will share it for guidance.
Can I request if you can share the Home Office Citizenship guidance procedure documents/link with all available exemptions for my review and clear understanding on the procedure.
Thanks again for your reply in this regard.
Re: Exceptions for absences for British citizenship
Posted: Sat Apr 05, 2025 9:34 pm
by alterhase58
Please refer to the AN Guidance here:
https://www.gov.uk/government/publicati ... n-guidance
This contains all the details in the absences section.
Re: Exceptions for absences for British citizenship
Posted: Sat Apr 05, 2025 10:37 pm
by contorted_svy
Please provide all dates of your trips outside the UK and we will advise as appropriate.