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confusion about number of days allowed outside the country

Posted: Sun Nov 06, 2011 7:42 am
by ukblokester
hello all,
I might require to travel for work for greater than 6months in the next few days, i have gotten an ILR in august and i plan to apply for british citizenship in the next yr.
however the confusion that i have is there is that on the UKBA website. it says
http://www.ukba.homeoffice.gov.uk/briti ... uirements/

"not spent more than 90 days outside the UK in the last 12 months of the five-year period; and"

however on the workpermit.com website (http://www.workpermit.com/uk/naturalisation.htm) it says
"During the last 12 months of the six-year period you must not have been outside the UK for more than 90 days; and "

which seems contradictory. it would really help if someone could clarify what is the source of truth and which one should be followed. i also couldn't find anything in the AN form which asks for the duration while i was away after i got the ILR.


thanks

Posted: Sun Nov 06, 2011 8:26 am
by Jambo
For naturalisation (if not married to a British citizen) the qualifying period is 5 years but you can only apply after having ILR for 1 year so effectively it's 6 years in the UK although the HO only looks at the 5 years prior to the application.

In the application form (section 2: Residence Requirements), you need to list your absences in the 5 years prior to the application.

Posted: Sun Nov 06, 2011 6:25 pm
by ukblokester
hi Jambo,
thank you for your reply, much appreciated, however i am still not clear if the 90 day rule applies for the 5th yr or the 5+1th yr. can you or someone clarify this for me.

thanks

Posted: Sun Nov 06, 2011 8:40 pm
by Jambo
The 90 days requirement is the for the last year prior to the application. If you apply after 5+1, then it would be the 5+1 year.

Please note, there are other requirements you need to meet. See them all here.
The HO only looks at the 5 years prior to your applications so if you apply after 6 years in the UK (5+1), your absences in the first year in the UK are not relevant.

Posted: Mon Nov 07, 2011 8:56 am
by ukblokester
thanks Jambo,that was useful.