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Naturalisation application with more than 100 days absence in the past year

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

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embosing
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Naturalisation application with more than 100 days absence in the past year

Post by embosing » Sun Nov 26, 2023 12:08 pm

I am an ILR holder - had it since 2021 May. Lived in the UK for 13+ years since university and always had a decent full-time job. No criminal record, good society member.
Bought my own flat in 2021. Not married though, and no family member in the UK.

I recently quit my job and flew to my home country to be with my family - I had severe burnout from work and also was suffering from anxiety and depression. I wanted to take a break and being here is really healing me and while I obviously plan to go back as soon as I feel better and fit, I don't think I will be going back soon to get a full time job just yet.

I think I will be making a lot more back and forth trips between my home country and the UK now in the next year or so, due to my personal health and family issues, and because of the "days of absence" rule when applying for citizenship, I want to get the citizenship now rather than later where it will become even more problematic. I meet all the criteria but the days of absence is what worries me a little.

My days of absence in 5 years is not even close to 350 days as I was always working full time, but in the recent 1 year, it's been 104 days. I am currently in my home country, thinking of flying back to the UK for a week to get the application + biometric sorted. By then, it would've been over 110 days of absence in a year, and I think I will have trouble reducing this number down in the near future.

It seems that in the guideline, they have a strict "line" drawn between up to 100 days and 101-179 days of absence. Up to 100 days, it is just doesn't seem to be an issue at all, but from 101 days, it seems that you have to prove a lot. In the guideline, they ask that:

1. You have a presence of family
2. established home
3. substantial part of estate
4. employment.

And I don't think I check two of these things - though I am single and therefore I guess that the family category does not matter much? Also, I've always had an employment and only just quit in october. Would they really check this? I just want to know if anyone can share some insights into whether it would still be worth a shot for me, given my strong ties with the UK (my own flat, 13+ years history, etc.)? I don't think I will ever be able to get the citizenship if I don't do this now... and I really want it. Any advice would be really appreciated! :D

meself2
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Re: Naturalisation application with more than 100 days absence in the past year

Post by meself2 » Sun Nov 26, 2023 12:17 pm

embosing wrote:
Sun Nov 26, 2023 12:08 pm
thinking of flying back to the UK for a week to get the application + biometric sorted.
The obvious question that you need to ask yourself (and that the UK government would probably want an answer to as well) is why would you want citizenship, which is given with the purpose of you establishing future life in the UK, if you don't plan to do so. See post1815485.html#p1815485 for example of a revocation.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

embosing
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Re: Naturalisation application with more than 100 days absence in the past year

Post by embosing » Sun Nov 26, 2023 12:26 pm

As I mentioned, I am based in the UK and plan live in the UK permanently as it is my primary home and I have my own flat there. It's just that there will be more trips to be made outside going forward if I have a free lancing job (which is what I plan to do instead of a full-time job). And if I don't do this now, I don't think I will be able to get the absence days down by much. I feel British than I feel any other nationality (I've moved around a lot) and that's why I want the citizenship :)

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contorted_svy
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Re: Naturalisation application with more than 100 days absence in the past year

Post by contorted_svy » Sun Nov 26, 2023 12:39 pm

You made that point yourself - you will be making lots of trips outside of the UK. The HO sees that as evidence that you don't see the UK as your permanent residence if you already have plans to travel so extensively. You wanting the citizenship unfortunately doesn't mean much to them, you have to respect their requirements - after all, 104 days is almost one third of a year.
All advice comes from personal research and experience and should not be regarded as professional opinion.

embosing
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Re: Naturalisation application with more than 100 days absence in the past year

Post by embosing » Sun Nov 26, 2023 2:13 pm

Thanks for your responses! It definitely is my primary and permanent residence. It is my home and it's my flat... I just want to be able to travel to other countries more often -- and that means I don't consider UK as my home? So my previous history of not making much trips outside and having a flat.. doesn't mean much? :cry:

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contorted_svy
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Re: Naturalisation application with more than 100 days absence in the past year

Post by contorted_svy » Sun Nov 26, 2023 3:22 pm

You have to abide by the requirements they set, it is their decision after all. If you stay in the UK until your absences go below 104 days in the last year, your application will be granted.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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Ticktack
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Re: Naturalisation application with more than 100 days absence in the past year

Post by Ticktack » Sun Nov 26, 2023 4:31 pm

You must realise that your 13 years stay is what got you ILR. Your immigration journey ends there.
Citizenship is a different animal with its different rules.

You can't make the rules for them and say, well I've been here for 13 years before and no criminal record so make me a citizen.

If you don't meet the requirements for that, then you don't. Making UK your permanent home is a requirement. You either want to be British and stay here, or you're free to explore the world with your current citizenship.

Many have made the same sacrifice.
No sin in failing, you just have to try and try again!

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