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Staying 1 year outside after ILr when can apply nationality?
Posted: Mon Nov 05, 2012 9:06 pm
by ssoct98@hotmail.com
Please advise if one can stay outside uk for 1 year after having ILR and when he came back can he apply after living continuous 1 year in uk or need to wait another 5 years for passport?
Re: Staying 1 year outside after ILr when can apply national
Posted: Mon Nov 05, 2012 9:46 pm
by Gyfrinachgar
ssoct98@hotmail.com wrote:Please advise if one can stay outside uk for 1 year after having ILR and when he came back can he apply after living continuous 1 year in uk or need to wait another 5 years for passport?
As long as you don't stay outside the UK for more than two years, you will not loose your ILR status. Therefore, you will not have to wait another 5 years.
However, you will not be able to apply for naturalisation as British citizen (which you must become before you can appy for a passport) the subsequent year. Residence requirements state that you must not have been outside the UK for more than 450 days in the last 5 years and not more than 90 days in the last year before applying for citizenship. Hence, if you stay outside the UK for 1 year, you will loose a 1 year. Less actually, if you count and record your absences carefully.
Posted: Tue Nov 06, 2012 9:05 am
by ssoct98@hotmail.com
Can u explain more ILR granted in August 2012 on basis of spouse of settled person, not in uk for 5 years,if go outside uk now come back after1 year how long need to wait for natinality,Thanks
Posted: Tue Nov 06, 2012 10:01 am
by Gyfrinachgar
ssoct98@hotmail.com wrote:Can u explain more ILR granted in August 2012 on basis of spouse of settled person, not in uk for 5 years,if go outside uk now come back after1 year how long need to wait for natinality,Thanks
An IRL status will only expire if you reside outside the UK for more than 2 years. In your case, you will not loose it.
Concerning the naturalisation, you must be free from immigration restriction (= have ILR) for 1 year and also abide by the residency requirements. Read
this part of the handbook for the exact details. In essence: if you are away for 1 full year, and assuming no prolonged previous absences, you can apply once your absence in the last year drops below the 90 days mark. In other words: 275 days after you returned to Britain.