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Absence from UK affecting naturalisation application

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

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anwesha
Newly Registered
Posts: 2
Joined: Wed Jul 26, 2017 3:12 pm

Absence from UK affecting naturalisation application

Post by anwesha » Wed Jul 26, 2017 3:26 pm

I came to UK on 18th august 2011. I hold ILR since last 3 years. So the qualifying period for british naturalisation application being 5 years, would be August 18, 2016.
I went to india for 150 days after my qualifying period (dec 2016 to april 2017) as i was on maternity leave.
I would like to apply for naturalisation in august 2017.
Will The 150 days absence from UK affect my application in any way? Even if i have taken absence after completing 5 years (qualifying period),?
Can someone please let me know?
Regards

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Absence from UK affecting naturalisation application

Post by secret.simon » Wed Jul 26, 2017 3:54 pm

anwesha wrote: the qualifying period for british naturalisation application being 5 years, would be August 18, 2016.
You have misunderstood how the qualifying period for naturalisation works. It is counted backwards from the date of application for naturalisation.

So, as an example, if you were to submit the application today, your qualifying period would be 27/07/2012 to 26/07/2017 and you would have to prove that
a) you were in the UK on 27/07/2012
b) you have not been outside the UK for more than 450 days in that period
c) that you have not been absent for more than 90 days between 27/06/2016 & 26/07/2017 (the one year immediately preceding the application).

As you have been absent for 150 days ending in April 2017, I would suggest not taking any further absences from the UK and then applying in January 2018 (when you will have brought your absence down to 90 days in the year preceding naturalisation.

Do you also meet the 450 days absences requirement?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

anwesha
Newly Registered
Posts: 2
Joined: Wed Jul 26, 2017 3:12 pm

Re: Absence from UK affecting naturalisation application

Post by anwesha » Wed Jul 26, 2017 4:04 pm

Hello secret.Simon ,
Thanks for clarifying.
Yes i do meet the 450 days absences requirement.
Thanks for the suggestion of applying in jan 2018.
Regards

secret.simon
Moderator
Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: Absence from UK affecting naturalisation application

Post by secret.simon » Wed Jul 26, 2017 4:12 pm

So, assuming that you apply in January 2018, you need to prove that
a) You were physically in the UK at the start of the five year period (date of application - five years + 1 day). Some people slip up over here.
b) You have been outside the UK less than 450 days in the five year period and 90 days in the past year.

You of course need to meet the other requirements such as good characters, etc.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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