BC Residency Requirement Question

[aa927]

Hi,

We have been living in the UK since the end of 2006. We got ILRs in April of 2012. In June we left the UK and returned in Sept 2013. We'd like to apply for citizenship. Would we meet the residency requirement?

[noajthan]

Hi,

We have been living in the UK since the end of 2006. We got ILRs in April of 2012. In June we left the UK and returned in Sept 2013. We'd like to apply for citizenship. Would we meet the residency requirement?

Section 6(1) or 6(2) application?

Have you checked the AN guidance?

[Casa]

You are only permitted 450 days of absence in the 5 year qualifying period and no more than 90 days in the 12 month period prior to applying for BC.

I'll leave you to do the calculation.

Edit: Beaten by noajthan (I've assumed no marriage to a BC as you say you both have ILR)

[aa927]

Basically what I was wondering is if the fact that we had already lived here for over 5 years before our current citizenship 5 year period count for anything? If you count back five years from this month it would start our five year period in Jan 2012. In this period we had 14 months away (which is about 450 days by itself), and this is not including all of my partner's business travels.

[Casa]

Basically what I was wondering is if the fact that we had already lived here for over 5 years before our current citizenship 5 year period count for anything? If you count back five years from this month it would start our five year period in Jan 2012. In this period we had 14 months away (which is about 450 days by itself), and this is not including all of my partner's business travels.

You partner's business travel must be included in their period of absence during the 5 year prior period to applying for BC. As you will apply separately you may qualify on your own.

The 5 year period prior to 2012 is irrelevant.

[aa927]

the form AN guidance notes say:
Absences from the UK
Absences normally
disregarded only if:
 you meet all
other
requirements
and
 you have established
your home, family
and a substantial part
of your estate here.
900 days
Please note: if your
absences are up to 730
days we would expect you
to have been resident in
the UK for the last
7 years.
For absences exceeding
730 days we would expect
you to have been resident
in the UK for the last 8
years unless the absences
were a result of one of the
reasons given below.



so it does seem they will consider our residency prior to 2012.

[noajthan]

All calculations are made counting back from date of application.

[aa927]

But what about this? https://www.gov.uk/government/uploads/s ... r_18_B.pdf

4. Excess absences in the 5(3) year qualifying period
4.1 Under paragraph 2 and 4 of Schedule 1 to the British Nationality
Act 1981, there is discretion to waive excess absences in the
qualifying period. We should normally consider exercising this
discretion as set out below, but only when we are satisfied that
applicants have genuinely thrown in their lot with the United Kingdom
and meet the other requirements. NB. Where an applicant’s
absences include periods of “technical absence”, the application
should also be considered in accordance with paragraph 9 below.
4.1.1 Absences totalling 480 (300) days - normally disregard.
4.1.2 Total Absences of up to 900 (540) days - consider disregarding only
if the application is otherwise in order, and if applicants have
established their home, family and a substantial part of their estate
here. We should also expect:
a. at least 2(1) years residence (without substantial absences)
immediately prior to the 5(3) year qualifying period. If the period
to be disregarded is greater than 730 (450) days, the period of
prior residence should be at least 3(2) years; or
b. the excess absences to have been due either:
i. to postings abroad in Crown service under the government
of the United Kingdom or in service designated under
section 2(3) BNA 1981 (see paragraphs 9.3-9.4 below in
relation to technical absence for Crown service, and
Annex B to Chapter 4 for designated service). [NB.
- 7-
Special provisions are in place for current and former
members of HM Armed Forces (see Annex B(i))]; or
ii. to accompanying a British citizen spouse/civil partner on
an overseas appointment (see also paragraph 6 below
where the appointment is in Crown or designated service);
or
c. the excess absences to have been an unavoidable consequence
of the nature of a career (for example a merchant seaman or
someone in UK-based business or employment which requires
frequent travel abroad);

[noajthan]

What about it?
And no need to post the full text when you posted the link.

You can't pick some random 5 year period at any time in the past.

Count back from application date (even if going back 7 years instead of 5 or 3) - nothing confusing about that.

If a 6(1) application you still need proof of physical presence in UK 5 years to the day from doa.

[aa927]

ok thanks