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Partially present for 5 years + 1 day rule

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

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rimreborn2024
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Posts: 3
Joined: Tue Nov 07, 2023 1:14 pm
New Zealand

Partially present for 5 years + 1 day rule

Post by rimreborn2024 » Tue Nov 07, 2023 1:20 pm

Hi everyone,

I applied for my British citizenship today 7th Nov. On 8th of November 2018 at 6pm I travelled outside the UK, away for approximately 4 months. Is there a black and white rule stated anywhere about partial stay counting as physical presence?

know that someone here previously withdrew their application as the application was made on the date of their travel (id: kamoe). I know that the argument here was that 'presence' was different to 'absence' and the presence has to be sustained for 24 full hours. I am really hoping that this is not the case as if I am to withdraw my application now, I need to wait at least until March 2024 and not travel at all until then due to it breaching the 90 days rule. I really need this current application to work out. Or is this a dead no and should I retract my application to save the fee and wait until next year?

Has anyone done the opposite and see how it went?

Thank you so much.

rimreborn2024
Newly Registered
Posts: 3
Joined: Tue Nov 07, 2023 1:14 pm
New Zealand

Re: Partially present for 5 years + 1 day rule

Post by rimreborn2024 » Tue Nov 07, 2023 1:30 pm

I was also wondering what the worst that could happen was apart from losing the application fee.
Do I get to reapply fresh when I meet the requirements again?

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contorted_svy
Respected Guru
Posts: 4125
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: Partially present for 5 years + 1 day rule

Post by contorted_svy » Tue Nov 07, 2023 4:39 pm

I wouldn't risk it. Why is waiting until March 2024 (and having more chances of your application being accepted) is not a viable option?
All advice comes from personal research and experience and should not be regarded as professional opinion.

rimreborn2024
Newly Registered
Posts: 3
Joined: Tue Nov 07, 2023 1:14 pm
New Zealand

Re: Partially present for 5 years + 1 day rule

Post by rimreborn2024 » Tue Nov 07, 2023 5:26 pm

I have travels plans between now and March 2024, so the 90 day absence rule will be breached.

It just does not say anywhere that “physically present” means for 24 hours - usually for counting absences the day of departure and return are not counted. So how can one legally be regarded as “not absent” but also “not present”? I think this is worth a debate..

Anyone who was in my situation that had their application approved please?

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