UK Citizenship - Absence in Stay in UK - Need advice.

[UK_Brit]

Hi,

I am an Indian citizen and I got my ILR (Indefinite Leave to Remain in UK) in October 2005. After receiving ILR, I returned back to my home country India on long-term basis due to work / employment reasons. However, I maintained the ILR validity by visiting UK once every so, my ILR status is valid as of today.

In January 2013, I came to UK but this time to stay permanently since I got a new job in UK and since January 2013 till today, I have maintained a continous stay in the UK without any long break period as per the requirements stated in UK GOV website: https://www.gov.uk/becoming-a-british-citizen.

Based on above information, I request you to kindly confirm following queries:

1. Am I am eligible to app ly for UK Citizenship in January 2018 ?

2. After I receive British Citizenship, I will apply for OCI (Overseas Citizen of India) card. After I receive the OCI card, is there a limit on staying outside the UK for long-term or permanent basis ? Will the British Citizenship become void if I stay outside UK permanently after receiving the OCI card ?

[MYA]

Firstly you have to check that you must not be absent more than 90 days in last 12 months before the date you applied and not more than 400 days in last five years, if you met this criteria you can apply if not you have to wait

Second important thing is that the date you will apply for citizenship you have to be ver very very very careful that you must have to be present in UK on the same date 5 years back, if you are not then your application will be refused

[UK_Brit]

Hi MYA,

Thanks for your reply to my query. I checked the Absence rules in gov.uk website which I mentioned in my question and as per the rule, I do not have absence of more than 90 days in last 12 months. Also, I do not have absence of 400 days in last 5 years since 07th Jan. 2013 when I arrived in UK with the intent of permeant settlement.

So basically, based on this assumption, I guess I am good to apply for British citizenship anytime after 7th Jan. 2018.

Secondly, as you have mentioned about the exact date of my presence in UK 5 years ago, I think it will be good to apply anytime after 7th Jan. 2018 since I arrived in the UK on 7th Jan. 2013.

Thanks.

[MYA]

Yes by looking at your detailed explanation you are safe to apply for citizenship and secondly you said that you arrived in UK on 7th January 2013,so for the safe side my suggestion is to apply any day after 10th January 2018 but if you are desperate to apply and don’t want to wait couple of days then the earliest possible date to apply is 8th January 2018.

[UK_Brit]

Thanks again MYA for your response. Also, what about Life in UK test ? Can I book exam date for that before applying for citizenship so that the test result is ready when I fill application for for citizenship. Or should I wait till 8th Jan 2018 ?

FInally, any thoughts / suggestion about OCI card query which I asked in my original post ?

[CR001]

You need to do the LIUK test before you apply for citizenship as you need the test pass notification letter to submit with your application.

How are you meeting the English language requirement?

[UK_Brit]

I will need to appear for the English Test at one of the registered centres. So, planning to get that sorted along with LIUK test before applying for citizenship. Thanks MYA.

[CR001]

Latest updated list in link below. You need level B1. Costs £150.

https://www.gov.uk/government/uploads/s ... entres.pdf

[secret.simon]

2. After I receive British Citizenship, I will apply for OCI (Overseas Citizen of India) card. After I receive the OCI card, is there a limit on staying outside the UK for long-term or permanent basis ? Will the British Citizenship become void if I stay outside UK permanently after receiving the OCI card ?

One requirement for naturalisation is the future intentions requirement (see Pages 28-33 of the Naturalisation by discretion policy guidance); that you intend to settle and reside in the UK. It is judged on your past conduct, so your long residence periods abroad may be taken into account, though to the best of my knowledge, they ought not to be reasons for refusing your naturalisation.

However, be aware that the Home Office, or at the very least the Passport Office, is looking askance at applications of people who leave the UK immediately after naturalisation, as there is at the very least an appearance that the applicant lied about their future intentions. See two recent threads.

[UK_Brit]

Hi Simon,

Thanks for your inputs on my query. I definitely agree with your points about leaving the UK on long-term immediately after naturalisation. I am going to look at the detailed rules provided by UK Home Office on the official website for the same as well.

[UK_Brit]

Latest updated list in link below. You need level B1. Costs £150.

https://www.gov.uk/government/uploads/s ... entres.pdf

Thanks CR001. I will look at this website for English Test information.