Working abroad and section 6(1)

[vfab]

Hi,

I've just received my IRL, and in 1year time I want to apply for British citizenship, but I'm not sure how to interpreter section 6(1) residency requirements, specifically in regards to what counts as "being absent from the UK".

Is it physical absence, say I've been on a holiday abroad for more than three months, or it is not being able to demonstrate residency and/or being employed in the UK?

I work for a consultancy, and I'd be eager to start taking some longer out-of-the-UK assignments, but that would possibly mean staying abroad for a number of months.

I would still have my flat contract, my bank account, and my employer would be a UK company. Does that still count against the 90 days limit?

Thanks for all the help,

Vi.

[alterhase58]

Absence means physically out of country for any reason. There is some scope for discretion but ideally it's best to stick with the limits. If you haven't looked at the complete guidance yet here is the link: https://www.gov.uk/government/publicati ... n-guidance
Employment as such is not a requirement for naturalisation.

[secret.simon]

British law, especially as regards immigration and nationality, is very specific in terms of the requirements for both citizenship and immigration and is not nearly as forgiving as EU law.

Absence from the UK means being physically outside the UK (defined as including the Channel Islands and the Isle of Man). The day of arrival and departure are counted as being physically present in the UK. Only whole days spent outside the UK count as absence from the UK.

The purpose of being outside the UK, whether for work or for holiday, is immaterial. There is some discretion to waive the absence requirement, as mentioned by @alterhase58 above, but even as regards exercising discretion, there are very specific requirements to be met. See "Absences during the qualifying period" on Page 16 of the Nationality Guidance on Naturalisation as a British citizen at discretion.

Be aware that there is also a requirement for you to have been physically present in the UK at the start of the five year period immediately preceding the date of application for British citizenship (so, if you were to apply on 4th February 2020, you'd have to prove that you were physically in the country on 5th February 2015). The Home Office has no discretion to disregard that requirement.

Keep in mind that a naturalisation application also has a "future intentions" requirement (that you intent to reside in the UK). There have been two instances of successful applicants having their naturalisation called into question because the applicant applied for their first passport from abroad, after their successful naturalisation in the UK.

So I would tread very carefully of spending a lot of time abroad in the near future if you plan to naturalise as a British citizen.

[vfab]

So,

to begin with, thanks for the clarifications (which my workplace is currently failing to provide me).

secret.simon@"Only whole days spent outside the UK count as absence from the UK" this is actually interesting, as as of now I total ~160 days out of the UK, but if I apply this clause the figure is probably closer to 130 days.

secret.simon@"you'd have to prove that you were physically in the country on 5th February 2015)" how do I prove that I'm in the UK on a very specific day?

alterhase58@guidance for the AN form: at page 10/11 I see that one of the justifying reasons for exceeding the 450 days limit is "An unavoidable consequence of the nature of your work". At page 11 again, in regards to the last 12 months periods, "Total number of absences that may be disregarded if you a)you have demonstrated links with the UK, b) compelling occupational (reasons)".

In regards to a) all my funds are in UK bank accounts and ISAs, my flat contract run for another full year and has been running for almost two years already, my employer is a British ltd and has been the same for the last 4 years. In your opinion, are those qualifying as "established home and a substantial part of your estate"? I have no 'established' family, I would be surprised if you'd have to tie the knot for that.
Regarding b) I work for a consultancy, we have client everywhere, and I would be back during the weekends. It wouldn't be my life being outside the UK, but rather my client.

How does that look to you? Any opinion?

Also, who would you guys suggest me to speak to in order to -definitely- clarify this point, even if through a paid consultation? There's a bunch of high-level projects I'd be very very happy to be able to take on.

Ciao,
Vi.

[secret.simon]

secret.simon@"you'd have to prove that you were physically in the country on 5th February 2015)" how do I prove that I'm in the UK on a very specific day?

Part of the application is to list all your absences from the UK. You need to be sure that the start of the five year period is not in that list.

who would you guys suggest me to speak to in order to -definitely- clarify this point, even if through a paid consultation?

If there were a definitive source of information on naturalisation and UK immigration, these forums would have no raison d'etre.

The only definitive answer one way or another would be to apply for naturalisation and see if it gets approved or rejected.