ILR to BC with more absences than 90 days

[adi27]

Hello,

I've got my ILR in June 2019. I have however travelled outside of UK for more than 2 months immediately, i.e, I left UK in July 2019 came back to UK in Sep 2019. I might have to travel more in coming one year period but don't expect the number of absences to go beyond 90 days. My question is if I apply for BC in Sep 2020 i.e, after one year since I came back to UK after a 2month long absence, will the same one year period rule still apply ? So effectively I'm going to say that even though I was away for more than 90 days since I got my ILR, I've been in UK over the last one year period i.e., since Sep 2019- Sep 2020 without more than 90 days absence.

Appreciate any advice.

Many thanks!

Regards
Adi

[aman90]

My question is if I apply for BC in Sep 2020 i.e, after one year since I came back to UK after a 2month long absence, will the same one year period rule still apply ?

You have misconstrued the rule.. you must be free of immigration control for at least 12 months before you may apply for naturalisation. You can apply any time after that.
But:
You must not be out of the UK for more than 90 days in the preceding 12 months from the date of naturalisation application.
In short you may apply in sept 2020 but ensure between OCT 2019- Sept 2020 you have not been away for more than 90 days..

[adi27]

Many thanks for your advice, that helps a lot. Just for the sake of clarity , may I request you to help me understanding this "you must be free of immigration control for at least 12 months before you may apply for naturalisation". So does ILR entitles me to be free from immigration control? I'm bit confused to be honest, cause I thought even after ILR one is under immigration control. What am I missing here? Again, I thank you for your kind advice.

[CR001]

ILR is free from immigration time restrictions and control etc.

Don't confuse the IO stamping your foreign passport with immigration restrictions.

[adi27]

Thank you CR001