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Leaving UK after ILR - impact on citizenship?

Posted: Tue Jan 22, 2013 12:44 pm
by vedant12
Hi - we got our ILR in Dec 2012 and now need to leave UK for professional reasons. Our preference is to get the citizenship and then leave if we have to but looking at a Plan B in case that does not work out.

So, the question is, if we were to leave UK now and return, say, after 1 year and 11 months (just before the 2 year life of the ILR), would it take another 5 years after we return to apply for citizenship? We don't own a house here and have had 112 days absence in the last 5 years.

I draw that conclusion based on the residency rules that allow max stay outside UK of 90 days in the last year and 450 days in the last 5 years. By staying outside UK for roughly two years, we would breach the 450 day limit till we stay for another 5 years in UK.

Am I interpreting the rules correctly? Are there other ways of meeting the rules if one has to leave UK for a long period after ILR? Would be grateful if experienced members could clarify. Thank you.

Posted: Tue Jan 22, 2013 1:58 pm
by Jambo
One requirement you also need to take into consideration that you must be physically in the UK at the beginning of the qualifying 5 years period. The qualifying period ends on the day you apply and starts 5 years before you apply.

The shortest time you can achieve that would be to move abroad. Return to the UK for a few days (start of the five years, let call it point 0), travel abroad for 450 days, return to the UK (and not travel any more), and apply 5 years after point 0.

Posted: Wed Jan 23, 2013 3:07 am
by Smam
Hi

I dont know if I am right or wrong here but I Am just sharing my knowledge on the forum. That if you come back with in 2 years time period you just have to live for another year in the UK and then you'll get eligible to apply for your BC.

I really dont understand how this 5 years cycle works ? to apply for your BC.

Senior members or mods correct me if I am wrong.

Good luck for your BC.

Posted: Wed Jan 23, 2013 8:03 am
by vedant12
Thanks for the inputs Smam and Jambo

@Smam - I was originally under the same impression as you that one needs to complete 1 year post ILR for BC. However, to be granted a BC, one needs to meet the residency requirement of not having been outside UK for more than 90 days in the last 12 months before application and not more than 450 days outside UK in the last 5 years.

If you leave UK for > 450 days and then return, then for the next 5 years or so, you will not be compliant with the 2nd rule of 450 days. Hope this clarifies.