Naturalisation - please help me get my dates right!

[darksquid]

hi there,

I am a US citizen resident in the UK with a spouse visa (ILR granted Feb 2006), and I am just starting to think ahead to naturalisation.

I entered the UK on a fiancee visa on 5 Feb 2004. However, I had previously been in the UK as a visitor in October 2003 for a week. I have added up the time I have been out of the UK since my entry as a visitor on 14 October 2003, and it adds up to only 133 days. It is my understanding that you are allowed 270 days out of the country within the three years, but I have been unable to find confirmation that time spent in the UK as a visitor can count towards the residency requirement. All that the guidance notes say on this subject is that you have to have been legally present within the UK at the start of your three years.

So does this mean I can apply for naturalisation on 14 October of this year, rather than having to wait until 5 Feb 2007?

I will be travelling outside the country in February, and would love to have it all done and dusted before I go!

Thanks in advance for your help!

btw: I spent 4 years in London as a student, but left in Oct 2001. I assume I cannot use any of this time towards my residency requirement, because it would put me over the 270 days allowed absence from the UK?

[ppron747]

I'll leave you to do your own arithmetic, but I can confirm that you can count time spent here as a visitor.

To give an extreme example, a person could make a day trip to the UK and then leave the country for one day short of nine months before returning. So long as he/she didn't leave the country again in the next two and a quarter years, a naturalisation application could be submitted on the third anniversary of the original day trip, without breaching the requirements of the Nationality Act. (Provided of course, that the person was married to a BC and met the other requirements...)

You're right that the residence up to Sept 2001 doesn't count - nothing to do with excessive absences though. It is simply that it was more than three years ago.

[darksquid]

Well, that's just outstanding. I appreciate your quick assistance! I'll be using the Nationality Checking Service anyways, so I'm sure they'll double-check my numbers.

Thanks again!