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6 month outside Country / 90 Day Breaking Rule

Posted: Thu Apr 28, 2016 12:43 pm
by RamD1982
Hi All,
I have got my settlement in DEC 2013

I was outside UK for last six month (OCT 2015-APR 2016) due to professional and personal reasons.
I was getting UK Salary paid during this time. With this scenario, does 90 days residency rule still applies ?

Can I apply for British Citizenship in near time future? Or shall I need to wait until next year (Jan 2017)?

Please advise. Thank You !

Re: 6 month outside Country / 90 Day Breaking Rule

Posted: Thu Apr 28, 2016 12:47 pm
by ohara
Have a read of the AN guide, pages 7-9. HO have discretion to disregard absences of up to 180 days (or more in exceptional cases) in the 12 months before the application.

Re: 6 month outside Country / 90 Day Breaking Rule

Posted: Thu Apr 28, 2016 12:51 pm
by noajthan
RamD1982 wrote:Hi All,
I have got my settlement in DEC 2013

I was outside UK for last six month (OCT 2015-APR 2016) due to professional and personal reasons.
I was getting UK Salary paid during this time. With this scenario, does 90 days residency rule still applies ?

Can I apply for British Citizenship in near time future? Or shall I need to wait until next year (Jan 2017)?

Please advise. Thank You !
Yes rule still applies, this is not a visa-type of application; different rules apply.

There is discretion possible but then you are completely in the hands of a caseworker.
It could go either way with fee paid in full whatever the outcome (no refunds) and applications for privilege of citizenship do not come with appeal rights.

Suggest waiting until your absence from UK in last 12 months before applying is 90 days or less.

:idea: Pro tip: Ensure you can prove you were physically present in UK 5 years before date of application too.

Re: 6 month outside Country / 90 Day Breaking Rule

Posted: Mon Aug 01, 2016 4:53 pm
by RamD1982
Thank you noajthan and ohara