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Days Outside the UK to qualify for ILR or naturalisation

Posted: Tue Oct 01, 2019 2:09 pm
by Qrussel
To qualify for naturalisation if you are not married to a British Citizen

It states you must:
• Not have been outside the UK for more than 450 days in that period
• Not have been outside the UK for more than 90 days in the 12 months before your ILR application

So it states that I must not be outside the UK for more that 450 days over a 5-year period. This equates to 90 days per year.

My question is can you be outside of the UK for more than 90 days in any 12-month period (any rolling 12 month period) granted that over the entire time of 5 years you do not exceed 450 days in total.

I understand in the year leading up to the ILR application this is true but what about the other "years" or "rolling 12 month periods".

Re: Days Outside the UK to qualify for ILR or naturalisation

Posted: Tue Oct 01, 2019 2:18 pm
by CR001
My question is can you be outside of the UK for more than 90 days in any 12-month period (any rolling 12 month period) granted that over the entire time of 5 years you do not exceed 450 days in total.
It is simply 450 days in the 5 years and 90 days in the final 12 months. There is no limit on absence for citizenship per year, except the final 12 months.
I understand in the year leading up to the ILR application this is true but what about the other "years" or "rolling 12 month periods".
Don't confuse the ILR requirement under Immigration Rules Part 6a or Immigration Rules Part 8 or Immigration Rules Part 5 (PBS and PBS Dependent Route or Ancestry route respectfully) with the requirement of Citizenship under the Nationality Act and Laws. They are completely separate and independent from each other and what might be acceptable for ILR, might NOT be acceptable to Citizenship. There is no 'rolling 12 months period' for citizenship, it is strictly the 5 years immediately preceding date of application must not have more than 450 days absence etc.

Re: Days Outside the UK to qualify for ILR or naturalisation

Posted: Tue Oct 01, 2019 2:41 pm
by Qrussel
Thanks very much for your response!

Re: Days Outside the UK to qualify for ILR or naturalisation

Posted: Tue Oct 01, 2019 2:57 pm
by Qrussel
If you don't mind can you confirm that the days leaving and entering the UK port do not count towards absent days.

For instance if I leave on a Wednesday and return on a Sunday only 3 days would count towards absent days (Thursday, Friday, Saturday).

Re: Days Outside the UK to qualify for ILR or naturalisation

Posted: Tue Oct 01, 2019 3:21 pm
by CR001
Qrussel wrote:
Tue Oct 01, 2019 2:57 pm
If you don't mind can you confirm that the days leaving and entering the UK port do not count towards absent days.

For instance if I leave on a Wednesday and return on a Sunday only 3 days would count towards absent days (Thursday, Friday, Saturday).
Correct. It is WHOLE days out of the UK that count towards the limit. Note however that when completing the form, you need to state your actual departure and arrival dates.

Re: Days Outside the UK to qualify for ILR or naturalisation

Posted: Tue Oct 01, 2019 3:30 pm
by Qrussel
You are a legend, thanks for the help