Absences during residential qualifying period

[Aalca]

Hi! I am planning to apply for British citizenship on May next year. I am a Filipino and had my ILR in 2010 when I was still a dependent of my mother working here in the UK. From 2010 to 2015, I stayed most of my time in the Philippines to finish my studies. I only visit the UK 2 months every year or every other year. Now here is my the rough overview of my absences in the previous 5 years:

I entered the UK on May 30, 2015 and left on the 25th of June 2015. I stayed in the Philippines thereafter until the 20th of May 2017. Then I stayed in the UK from then on leaving the country occasionally for holidays in Europe (total of almost 25 days only)

My total number of absences in the 5-year period is 740.

I currently work as a doctor here in the UK and I am planning to mortgage a house on January before I apply for BC. I also have a car and both my parents and all my siblings stay here in the UK.

Though I will have my ILR for already 10 years by the time I apply for citizenship and have all my family staying here, I fear that my application might get rejected since from 2010-2015 I have only stayed 2 months every other year in the UK.

I can’t apply in 2020, I might need to wait for another 2 years which is quite a long wait since the gov.uk website says that there should be a proof that “you were in the UK exactly 5 years before the day the Home Office receives your application”

Any thoughts about this?

[secret.simon]

the gov.uk website says that there should be a proof that “you were in the UK exactly 5 years before the day the Home Office receives your application”

Correct.

Also be aware that this is a mandatory requirement which the Home Office has no discretion to refuse. Failure to meet this requirement means certain rejection.

That means that you can only apply during the five year anniversaries of when you used to be physically present in the UK.

[Aalca]

the gov.uk website says that there should be a proof that “you were in the UK exactly 5 years before the day the Home Office receives your application”

Correct.

Also be aware that this is a mandatory requirement which the Home Office has no discretion to refuse. Failure to meet this requirement means certain rejection.

That means that you can only apply during the five year anniversaries of when you used to be physically present in the UK.

Thanks for responding. I wasn't able to edit my post though, it should actually say:

IF I can’t apply in 2020, I might need to wait for another 2 years which is quite a long wait since the gov.uk website says that there should be a proof that “you were in the UK exactly 5 years before the day the Home Office receives your application”

Any thoughts about this?

I am planning to apply in may 2020, that's the earliest opportunity I have since I was physically absent from July 2015 to early May 2017. If I can't do it, I'll need to wait for 2 years more which is quite long. My ILR expires in June 2020 as well. Things will probably get more complicated by then.

[CR001]

You also should not have more than 450 days absence in the 5 years immediately preceding the date of application.

July 2015 to may 2017 is more than 450 days.

[Aalca]

You also should not have more than 450 days absence in the 5 years immediately preceding the date of application.

July 2015 to may 2017 is more than 450 days.

But I have seen in their guidance notes that they can waive absences of less than 730 days if you have been a resident of at least 7 years or 900 days if you have been a resident of at least 8 years. I'm just confused what they mean by "resident" whether it means having and ILR or staying here in the UK. Because again, I do have an ILR for almost 10 years but have not stayed that much long except maybe for the last 3 years.

[CR001]

Resident means living and being settled in the UK. Not living abroad for extended periods. You are actually really lucky that your ilr has not be cancelled.

[Aalca]

Resident means living and being settled in the UK. Not living abroad for extended periods. You are actually really lucky that your ilr has not be cancelled.

Thank you so much for your responses.

I try to make sure that I don't leave the UK for more than 2 years. And I always explain my circumstance to the entry clearance officer each time I go back to the UK. They always ask me why I had to study abroad and not in the UK and I always tell them that obviously we're not that well-off to pay hefty international student university fees since I was not qualified for student loans nor a home student status back then. They always say that they can be considerate given my circumstances. Probably why my ILR never got cancelled.

But well, right now that I am already working here, I have no plans of going back home in the near future. I have stayed for 3 year and I guess waiting for another 2 years, though quite a long wait, won't make that much difference. I am just worried that I need to renew my ILR come June 2020 and that would give me another period of uncertainty. If I apply though, I may or may be granted BC. I don't know if it's worth giving a shot or not. If it's only not that expensive I will certainly give it a try.