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British Citizenship Absence requirement

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Tivenin-susan
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British Citizenship Absence requirement

Post by Tivenin-susan » Fri Oct 21, 2022 10:38 pm

Hi everyone
I have a question regarding the 90 days absence before applying for British citizenship
I got my ILR on the 5th of July 2022 so i will be eligible to apply for the BC from the 5th of July 2023

I traveled on the 15th of July for 80 days so i still have 10 days left

If i understood well, the 90 days absence are counted from the last 12 month before application!

My question is: Can i travel again for more than a month and apply for BC in September instead of the 5th of July 2023 to avoid exceeding the 90 days !! Am i correct?!!

Thank you in advance

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contorted_svy
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Re: British Citizenship Absence requirement

Post by contorted_svy » Fri Oct 21, 2022 10:46 pm

It depends when your absences have happened. I would recommend recording them on a spreadsheet and making sure they do not exceed 90 days in the 12 months preceding the application (if you applied on the 15 sept 2023, this would start on the 16 sept 2022). First and last day of the trip don't count as absences.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Tivenin-susan
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Re: British Citizenship Absence requirement

Post by Tivenin-susan » Sat Oct 22, 2022 9:11 am

Dear Contorted_svy,
Thank you very much for the clarification
So the most important is to count the absences during the last 12 months and any absences before the 12 months are not included !

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contorted_svy
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Re: British Citizenship Absence requirement

Post by contorted_svy » Sat Oct 22, 2022 9:19 am

They will be included in the total absences in the 5 or 3 year qualifying period (must be less than 450 and less than 270 respectively). The 3 year period applies if you are married to a British citizen. Make sure you review the guidance before applying https://www.gov.uk/government/publicati ... n-guidance
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Re: British Citizenship Absence requirement

Post by secret.simon » Sat Oct 22, 2022 2:24 pm

Also keep in mind the physical presence requirement (that you were physically in the UK at the start of the five/three year period preceding the date of application.

So, if you plan to apply on 15th September 2023, as an example, you need
(a) to have been physically in the UK on 16th September 2018 (if not married to a British citizen),
(b) to have no more than 450 absences between the date above in (a) and the date of application, and,
(c) to haveno more than 90 days absence between 16th September 2022 and 15th September 2023 (date of application).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Tivenin-susan
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Re: British Citizenship Absence requirement

Post by Tivenin-susan » Thu Oct 27, 2022 11:42 pm

Thank you very much for the clarification
I realy appreciate

Tivenin-susan
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Re: British Citizenship Absence requirement

Post by Tivenin-susan » Thu Oct 27, 2022 11:55 pm

I want to mention that i got my ILR under the 5 year route.

I just checked my 2018 absences

I was absente from the 4th of july 2018 till 4th of octobrer 2018

Does this mean than i can't apply before the 5th of october 2023?!!! :|

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contorted_svy
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Re: British Citizenship Absence requirement

Post by contorted_svy » Fri Oct 28, 2022 2:54 pm

You can have more than 90 days absences in 12 months in the 5 year qualifying period, just not in the last 12 months before you apply. As far as overall your absences are below 450 days, a longer absence in 2018 won't be a problem.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Tivenin-susan
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Re: British Citizenship Absence requirement

Post by Tivenin-susan » Fri Oct 28, 2022 4:06 pm

Many thanks
But if i was not in the uk from the 4th july 2018 to 4th of october 2018 ( 3 months exactly ) Does it mean that i can not apply for BC in septembre 2023 as i was not in the uk in september 2018!!!!

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contorted_svy
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Re: British Citizenship Absence requirement

Post by contorted_svy » Fri Oct 28, 2022 4:35 pm

That's correct, but you can just wait until October 2023. It's not that long a wait.
All advice comes from personal research and experience and should not be regarded as professional opinion.

Tivenin-susan
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Re: British Citizenship Absence requirement

Post by Tivenin-susan » Fri Oct 28, 2022 9:38 pm

Thank you for the precious informations
You really helped me
Wish you all the best

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