Citizenship application: residence requirements query

[bshanx]

Dear board members,

I'd really appreciate your help with regard to a slightly unusual query I have about applying for citizenship (naturalisation).

I have had ILR since September 2002, having come to the UK on a work permit in 1998. I have lived and worked here since 1998, except for a period of 10 months in 2005-06 when I worked abroad, which I shall explain below.

In 2005-06, I spent 10 months working for the United Nations in Bangkok, Thailand, and was away from the UK during that time. In November 2006, I returned to the UK to resume my previous employment that I had held since 1998.

As I prepare to apply for naturalisation, my problem is that the 10 months spent in Bangkok counts for 300+ days away from the UK. In addition, I frequently travel on work (and holidays) outside the country, and so my absence from the country is well over 500 days in the last 5 years.

However, I have heard informally from a friend that working for the United Nations is grounds for disregarding absence. In which case, I would fit comfortably under the 450 days ruling.

Does anyone know if this is true? It certainly sounds plausible, given the status of the United Nations. But I cannot find any specific note in the UK BA documents I have seen.

The other aspect that gives me hope is a note that absences of upto 730 days is ok if one has been 'resident' in the UK for over 7 years. Would this apply in my case?

I have copied the relevant part from the guide to applications below. I would really appreciate any insights. Many thanks for your help in advance.

BShanx

------

To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months. And the total number of days absence for the whole 5 year
period should not exceed 450. If you are married or in civil partnership to a British citizen
the total number of days absence for the whole 3 year period should not exceed 270.
There is discretion to disregard absences in excess of the limits.
• We normally disregard absences up to 480 days (300 days for husbands, wives or
civil partners of British citizens)
• We will disregard absences of up to 900 days (540 for husbands wives or civil
partners of British citizens) only if you meet all the other requirements and you
have established your home, family and a substantial part of your estate here. We
would also expect that:
If the absences are up to 730 days we would expect you to have been
resident in the UK for the last 7 years.
For husbands, wives or civil partners of British citizens whose absences are
up to 450 days we would expect you to have been resident in the UK for the
last 4 years.
17
If the period of absence is greater than 730 days or 450 days for husbands
wives or civil partners of British citizens, then we expect you to have lived in
the UK for the last 8 years or 5 years respectively. Or
• for the absences to be due either to posting abroad in Crown service (see page
10) for example as a member of HM Forces, or as the husband, wife or civil
partner of a British citizen serving abroad in Crown or designated service. Or
• the excess absences are an unavoidable consequence of the nature of your work.
For example if you are a merchant seaman or someone working for a UK based
business which requires frequent travel abroad.

[John]

Have you got a definitive count of the number of days you will have been outside the UK in the 5-year period? Say for example, if your Naturalisation application goes in on say 01.06.10, exactly how many days absent from the UK in the 5-year period up to that date?

Only count the days totally outside the UK .... not the date of leaving or the date when you returned.

Also the exact date you left for Bangkok at the start of your 10-month absence? Do appreciate that you cannot apply unless you were physically in the UK exactly 5 years before UKBA receive the Naturalisation application.

Finally, have you already passed the Life in the UK Citizenship test? Or have you got that "pleasure" still to come?

[raymasa2]

In addition to what John recommended, you may also want to look at the Naturalisation Guide, AN Guide (http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf), page 16.

I am not sure how this will be interpreted, I am not an expect. Maybe John can shed some light on the following points from the guide:

There is discretion to disregard absences in excess of the limits.

- We normally disregard absences up to 480 days (300 days for husbands, wives or civil partners of British citizens).

If after recalulating your absenses as John suggested, you might be ok.

- We will disregard absences of up to 900 days (540 for husbands wives or civil partners of British citizens) only if you meet all the other requirements and you have established your home, family and a substantial part of your estate here. We would also expect that:

-- If the absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.

-- If the period of absence is greater than 730 days or 450 days for husbands wives or civil partners of British citizens, then we expect you to have lived in the UK for the last 8 years or 5 years respectively.

As you have been here over 1998, this may apply to you.

- the excess absences are an unavoidable consequence of the nature of your work. For example if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad.

For work reklated travels abroad (for a UK based company, not the one for the UN), they may have discretion for that.

Ray

[John]

I am not sure how this will be interpreted, I am not an expect. Maybe John can shed some light on the following points from the guide:

It could matter a lot whether we are talking about 501 days, or 729 days, which is why I am asking for more accurate facts. That is, more chance of the discretion being exercised the lower the day count is.

[bshanx]

Hi,

Thanks a lot for your very helpful responses.

I've just been calculating number of days away, including my 10 months in Bangkok. It comes to 541 days over 5 years (after making sure I don't count travel days)

If the Bangkok stint with the United Nations is indeed exempt, it amounts to only about 235 days away, which would be no problem at all.

Noted that I should make sure I was physically in the UK 5 years before my application. I left for Bangkok only in November 2005, and so if I apply well before this November, I should meet that requirement.

Any other insights would be deeply appreciated!

Thanks,
BShanx

[John]

Please appreciate that no guarantee can be given .... we are talking about use of a UKBA discretion .... but especially because the number of days is nearer to 500 than 730 ... and because there were so many days outside the UK, in Bangkok, working for the UN (which you can no doubt provide evidence of) I would expect the discretion to be exercised in your favour.

But again no guarantee can be given.

[bshanx]

Please appreciate that no guarantee can be given .... we are talking about use of a UKBA discretion .... but especially because the number of days is nearer to 500 than 730 ... and because there were so many days outside the UK, in Bangkok, working for the UN (which you can no doubt provide evidence of) I would expect the discretion to be exercised in your favour.

But again no guarantee can be given.

Understood, many thanks for your insights.