on ILR away for 2yrs and back to UK now

[rajesh_dwh]

Hi,

I got my ILR in oct 2010 and has been away for 2yrs. In those 2yrs I visited UK only once. I am back to UK in March 2012. So, my question is am I eligible for applying naturalisation or when can I apply.

please let me know.

Regards,
Rajesh

[CR001]

The residence requirements are :

Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
- been resident in the UK for at least five years (this is known as the residential qualifying period); and
- been present in the UK five years before the date of your application; and
- not spent more than 450 days outside the UK during the five-year period; and
- not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
- not been in breach of the Immigration Rules at any stage during the five-year period.

http://www.ukba.homeoffice.gov.uk/briti ... uirements/


Citizenship FAQs

http://www.immigrationboards.com/viewto ... highlight=

[rajesh_dwh]

Hi,

Thanks for the reply. Still confused.

Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
- been resident in the UK for at least five years (this is known as the residential qualifying period); --- Yes, I am
- been present in the UK five years before the date of your application; -- is this including the period after getting the ILR?
- not spent more than 450 days outside the UK during the five-year period; and --- does it includes 5yrs from date of application for naturalisation or before getting the ILR?
- not spent more than 90 days outside the UK in the last 12 months of the five-year period; and ---i.e even after having the ILR?
- not been in breach of the Immigration Rules at any stage during the five-year period.

[CR001]

Hi,

Thanks for the reply. Still confused.

Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
- been resident in the UK for at least five years (this is known as the residential qualifying period); --- Yes, I am - well you have been away for 2 years so technically not resident but maybe a moderator can confirm.
- been present in the UK five years before the date of your application; -- is this including the period after getting the ILR? Yes, including ILR
- not spent more than 450 days outside the UK during the five-year period; and --- does it includes 5yrs from date of application for naturalisation or before getting the ILR? From date of UKBA receiving your application and including the time on ILR. So if you apply on 15 September 2013 for example, the residence period starts on 14th September 2008 and you must have been physically present on the exact day 5 years before when you apply/UKBA receives your application otherwise you will be refused.
- not spent more than 90 days outside the UK in the last 12 months of the five-year period; and ---i.e even after having the ILR? Yes, not more than 90 days in the 12 months before you apply for Citizenship/UKBA receives your application. There is some discretion, for example if you were out of the UK for 100 days, but it is discretion.
- not been in breach of the Immigration Rules at any stage during the five-year period.

[Amber]

You're still a settled resident (or should be) as you didn't spend 2 years out of the UK.

[uksettlement]

rajesh_dwh,

You can technically apply when you have been in the uk for a period of 5 yrs from the date of last entry provided you do not have another absence of more than 450 days in those 5 years and also in the last year it should shouldn't be more than 90 days.