Nationality residency requirements

[Aliraza12]

Hi all

If person get ILR On basis of 10 years long residency in uk . Then when will they apply for nationality and also what’s a residency requirements ?
I mean if they out of United Kingdom more then 450 days in last 5 years , but they live in United Kingdom 11 years when they will apply for nationality how many days they can live outside ???
Could you please get back to me ASAP
Much appreciated

[CR001]

Citizenship is based on 5 years residence immediately preceding the date of application and you have to meet the requirements in that time, i.e. max 450 days absence in the 5 years and no more than 90 days absence in the final 12 months.

To ask for discretion on excessive absence (and HO don't have to exercise discretion), you have to prove to what extent your estate and commitments etc are in the UK. As you don't state your circumstances and how much absence you have etc, it is difficult for anyone to advise.

It makes no difference which route to ILR you took as Citizenship is based on Nationality Laws which are completely different and separate to immigration rules.

[Aliraza12]

Hi
Thanks for quick response

When person apply nationality he should be in United Kingdom in last 5 years same date
Or
In recently 1 years same date he was here in uk ?

Also if person away 456 days in last 5 years would nationality team accept it ?

If person are settled in uk with British child and have business since 7 years
Would nationality team give him a margin or not for British nationality??

[CR001]

When person apply nationality he should be in United Kingdom in last 5 years same date
Or
In recently 1 years same date he was here in uk ?

There is a mandatory requirement to be physically present in the UK on the exact same date 5 years prior to application date. If you were not present, your application will be refused. No requirement for '1 year same date'.

Also if person away 456 days in last 5 years would nationality team accept it ?

Should be fine.

If person are settled in uk with British child and have business since 7 years
Would nationality team give him a margin or not for British nationality??

You have to meet the mandatory requirements. No special 'margin' or leniency.

[Aliraza12]

Thanks for quick reply
One last question

If number off days out in 5 years was 676 .
And person been residence since 11 years in un would it be fine or not ?

Regards

[CR001]

Depends on your assets, finances and estate held in the UK on whether HO will process the application based on 7 years and at discretion.

[Aliraza12]

Hi
Thanks for reply
So my understanding is Ho will consider it 676 days out in last 5 years and allow a nationalisation ?
Is that right

[CR001]

No, it would be considered at HO discretion based on 7 years, provided you have evidence of your estate etc in the UK.

[Aliraza12]

Hi
So it’s mean they will check last 7 years residency and number of days out in last 7 years then ?
Regards

[CR001]

Yes and also to see to what level you have established your life and family and estate and finances here.

It is still a decision at discretion and HO do not have to exercise discretion.

It would be useful if you stated the length of each absence and reason.

[Aliraza12]

Ok thanks a lot

Last question if absent are total 885 days total in 11 years when person appply nationality application and all absent have genuine reason also in 10 year absent not more then 180 days in one years and one year last qualifying period for nationality absent are not more then 90 days
So person have family tie here established business here since 7 years . Two British kids here wife here kids going nursery etc
Try to buy house here as well
Would all can help it
I’d write it down all in one cover letter

[Aliraza12]

Hi admin


Last question if absent are total 885 days total in 11 years when person appply nationality application and all absent have genuine reason also in 10 year absent not more then 180 days in one years and one year last qualifying period for nationality absent are not more then 90 days
So person have family tie here established business here since 7 years . Two British kids here wife here kids going nursery etc
Try to buy house here as well
Would all can help it