Naturalisation, 9 years residency, with 18 months absence.

[Coops007]

Hi Guys

I am a little unsure of this one.

I have been resident in the UK since 2001, I hold ILR and have done so since 2003. Apart from sort of usuall absences out of the country, holidays etc, I was out of the UK for just over a year, 2007-2008. I had a job offer abroad that I could not refuse. However, while I was abroad, my passport was stolen, which delayed my return to the UK. I was lucky enough to have my ILR status endorsed in my current passport after returning to the UK. (I had the original letter which says I have been granted ILR status, a photo copy of my original ILR vignette from my old passport and police report etc, so with that I could enter as a resident, and could send off to the home office a replacement vignet for my current passport). I think its time to become a UK citizen, since, I have spent pretty much all of my adult working life here, and my family are also settled here.

Now, what I am unclear of, is I have exceeded the 450 days residency requirement, but they do exercise discretion. I have browsed through the Nationality instructions on the UKBA website (its there on the left hand side under policy and law), and it appears that they do have criteria that they can use to excercise discretion on waviering the 450 day requirement. But it is somewhat confusing. The notes say that for absences over 540 days, an applicant can be accepted if the applicant was ordinarly resident for 2 years prior to the 5 year qaulifying period (maybee I understood it wrong), and have established their home family etc in the UK, and the long absences were due to serving in HM forces etc. Now, are the above points and and and, that is, they all have to be met, or is it one or the other, or a few at least should be met.

Also, I dont have my previous passpots, as they were stolen. Would a mixture of P60 forms, payslips, and letters from the Tax office stating my tax contributions etc over the last 7 years (thats how far they can go back) suffice as evidence as being resident in the UK. More importantly, should I bother applying, as I have exceeded the number days out of the UK for the residency requirements? Or do I have to wait another 5 years (by which time the rules would have changed)?

Has anyone had a similiar experience. I did write to the home office, and they replied with the standard reply, sort of a , "give us your 750 pounds, and then we'll decide, its your call".

Thanks

[f2k]

Hi Guys

I am a little unsure of this one.

I have been resident in the UK since 2001, I hold ILR and have done so since 2003. Apart from sort of usuall absences out of the country, holidays etc, I was out of the UK for just over a year, 2007-2008. I had a job offer abroad that I could not refuse..........

Now, what I am unclear of, is I have exceeded the 450 days residency requirement, but they do exercise discretion. I have browsed through the Nationality instructions on the UKBA website (its there on the left hand side under policy and law), and it appears that they do have criteria that they can use to excercise discretion on waviering the 450 day requirement. But it is somewhat confusing. The notes say that for absences over 540 days, an applicant can be accepted if the applicant was ordinarly resident for 2 years prior to the 5 year qaulifying period (maybee I understood it wrong), and have established their home family etc in the UK, and the long absences were due to serving in HM forces etc. Now, are the above points and and and, that is, they all have to be met, or is it one or the other, or a few at least should be met.

Also, I dont have my previous passpots, as they were stolen. Would a mixture of P60 forms, payslips, and letters from the Tax office stating my tax contributions etc over the last 7 years (thats how far they can go back) suffice as evidence as being resident in the UK. More importantly, should I bother applying, as I have exceeded the number days out of the UK for the residency requirements? Or do I have to wait another 5 years (by which time the rules would have changed)?

......

Thanks

Yes you have understood it correctly, however 540days is for those married to british citizen applying under that catergory (3years rather than 5). For the 5 year category it is actually 900days broken down as: up to 730 days absent you need to have been in UK for 7years and
730 - 900 resident for 8years.

Check Guidance note on Guide AN and also caseworker guidance notes on Caseworker Guidance notes on Residence Requirements

With regards to the other requirement, I intepret it as you have established your home etc AND one of the other eg HM Forces or Working for Crown service or Working as a Seaman etc

yes you may have to wait 5years to apply (or 3 years if you are married to a Brit citizen)