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Do I qualify for British citizenship?

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

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enosthapa
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Joined: Tue Jan 01, 2013 11:32 pm

Do I qualify for British citizenship?

Post by enosthapa » Tue Jan 01, 2013 11:37 pm

I have lived in the UK since 2006, but I left UK for abroad study in 2011. This means that I have stayed in the UK for 5 years and 3 months before going abroad, and I would have stayed abroad for 298 days (excluding departure and arrival date).
This link, from my understanding, qualifies me for naturalisation.
http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

What I would like to know is, since I lived in the UK for 5 years before leaving abroad, do I fall under discretion criteria?
And would this in any way cause complication in the application process?

Many thanks for your help.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Jan 02, 2013 7:34 am

Are you back in the UK now?

You need to meet:

- less than 450 days out of the UK in the 5 years just before the day you apply.
- less than 90 days out of the UK in the 1 year just before the day you apply.

Do you meet those requirements?

enosthapa
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Posts: 4
Joined: Tue Jan 01, 2013 11:32 pm

Post by enosthapa » Wed Jan 02, 2013 3:14 pm

Jambo wrote:Are you back in the UK now?

You need to meet:

- less than 450 days out of the UK in the 5 years just before the day you apply.
- less than 90 days out of the UK in the 1 year just before the day you apply.

Do you meet those requirements?
1. Yes, I am in the UK now.
2. I have only been abroad once since I came to the UK in 2006, and that counted to be 298 days away from the UK.
3. I was back in the UK on May 2012.

Referring to my second statement, since I have already been in the UK for 5 years before travelling abroad, do I still fall under the "discretion criteria"?

And referring to my third statement, since I have been more than 90 days away in 1 year before application (say, today), do I have to wait until May to become eligible?

Btw where did you get the information on requirement you posted?

Thank you very much for your help!

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Jan 02, 2013 4:01 pm

enosthapa wrote: Referring to my second statement, since I have already been in the UK for 5 years before travelling abroad, do I still fall under the "discretion criteria"?
The discretion applies for the days of absent when you apply.
And referring to my third statement, since I have been more than 90 days away in 1 year before application (say, today), do I have to wait until May to become eligible?

Probably earlier than May. It's when you have less than 90 days of absence in the last year so if you returned in May, then probably sometime in February you will meet this requirement.

Btw where did you get the information on requirement you posted?
Standard requirements for naturalisation

enosthapa
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Posts: 4
Joined: Tue Jan 01, 2013 11:32 pm

Post by enosthapa » Wed Jan 02, 2013 4:46 pm

Thanks a lot for the help.

I quote one of the residential requirements from the link you provided.
not spent more than 90 days outside the UK in the last 12 months of the five-year period;
I understand that it is safer to not have more than 90 days outside the UK in the last 1 year period before the application. But since I stayed in the UK for 5 years, which was before leaving abroad, this statement from my understanding does not apply to me. What do you think?

Because, from what I understand, the requirement is I shouldn't be away for more than 90 days "during the five year qualifying period".

Jambo
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Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Wed Jan 02, 2013 4:55 pm

enosthapa wrote:Because, from what I understand, the requirement is I shouldn't be away for more than 90 days "during the five year qualifying period".
True.
The key point here is
Standard requirements for naturalisation wrote:When does the residential qualifying period start?

The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005.
The qualifying period is not just 5 years but the 5 years ending on the day of your application is received by the HO.

enosthapa
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Posts: 4
Joined: Tue Jan 01, 2013 11:32 pm

Post by enosthapa » Wed Jan 02, 2013 5:13 pm

Yup, that clears things up.
Many thanks for your help, Jambo.

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