Citizenship- gap after Ilr

[hotmale]

Hi all


I got my ilr in feb-13 n planning to got to india for 9-12 months, my query is will that impact on my status or citizenship

And also what documents do i need to apply for citizenship and being on benefits impact citizenship by any means?


Thanks

[Casa]

You can't spend more than 90 days outside of the UK in the 12 months leading up to your application for BC.
I suggest you read through application form AN and the guide notes on the UKBA website and then come back with any specific queries. Claiming Public Funds doesn't affect your BC application.

[hotmale]

Hi casa I know i've to be here for 12 months before i can apply for the ctznship, i was just wondering as I am going to be out of the country over all will that impact my case as I am not working or having any links with the uk during this period....can anyone please advise.

And wot benefits can I claim ?

Regards

[ban.s]

... as I am not working or having any links with the uk during this period....

employment is not a requirement for naturalisation

links to the uk not normally required unless you go over the allowed absence limit and seek discretion - then you have to prove connection to the country during that period of absence.

[niteshj]

You can't spend more than 90 days outside of the UK in the 12 months leading up to your application for BC.
I suggest you read through application form AN and the guide notes on the UKBA website and then come back with any specific queries. Claiming Public Funds doesn't affect your BC application.

this is NOT true .. you CAN spend many many days outside UK in the 12 months leading up to BC application; but any time above 100 days means you are dependent on the caseworker's discretion. Other people on here have spent about 150+ days outside the country and still managed to get their BC. If you have a strong case then you might be ok.

[hotmale]

Dear All

Due to family medical issues I was out of the UK for past 14 months.

I've all the medical details for my father which proves the reason for me being out of country.

I came here in the UK in mar- 2005 on 3 years on student visa, then 5 years on hsmp, 1 year ILR. In total 9 years.

I've read the requirements say something about 730 days out rule if you are resident for 7 yeras or so however I am not sure and need advice.

I obtained my ILR in Feb-2013 and in Mar-2013 moved out of the UK and came back in Apr-14. Is there any way I can apply for the citizenship or do I have to wait ?

Regards

[milan69]

Page 7-8
https://www.gov.uk/government/uploads/s ... let-an.pdf

[hotmale]

I obtained ILR status 2013 with 5 year HSMP status.

However due to family emergency I moved out of UK in Apr-2013 and came back last mnth after 14 Months in Jun-2014.

I am here in the UK since 2004 to 2008 (Student Visa) (2008)-2013 HSMP/Teir1 General.(in total around 9 years)

I've read all the documentation on HM website and it says if I am following 5 year rule then 450 days absent in 5 years N last 12 months 90 days absent is acceptable. However then there is mention of Long term residents can stay like 700 days.

I was just wondering can I apply for the citizenship now or do I've to wait?

Please if any one can help me I have tried to get answer to this question in past however I've been replied with homeoffice links can anyone please advise with the proper answer if possible.



REgards

[milan69]

If you have been absent for more than 179 days in the final year your application will most likely be refused.

[hotmale]

Thanks for your reply.

Even if I wait for the another year that will bring down my one year requirement to less than 90 days/179 days however my 5 year requirement will not be full filled as my total number of days will be exceeding >450.

1.In that case would I be able to apply after an years time?
2.do I have to wait until 5 year requirement is fullfilled?
3.can I apply for discreation as I was outside uk due to my fathers health?


regards

[milan69]

I don't think your personal reasons such as your fathers health matter in your application.
It is very important to have absences in the final year less than 179 days as anything above that will result in refusal.
You can apply for discretion and if you have family here and have made UK your home with majority of your estate you have a good chance of approval.
I had 120 days of absences in the final year and got my approval in 8 weeks without a problem.

[hotmale]

Hi All


My absence is more than 450 days for past five years however less than 730 days.
I was reading on the internet about absences more than 450 days and I can qualify for 730 days period if I meet all other requirements.

I came to the UK in 2005 as a student and then switched to HSMP 2008 and then ILR in 2013, can I calculate my student years (3 years) as residency years and apply for discretion as this will make my residency years around 9 years


Will appreciate your advise.

Thanks.

[CR001]

I suppose you could but remember it is at HO discretion and there is no guarantee that they will grant discretion. It is a lot of money to lose if they refuse your request to apply discretion.

How many days absence in total do you have for the last 5 years? And how many days in the last 12 months?

[hotmale]

Hi All


My absence is more than 450 days for past five years however less than 730 days.
I was reading on the internet about absences more than 450 days and I can qualify for 730 days period if I meet all other requirements.

I came to the UK in 2005 as a student and then switched to HSMP 2008 and then ILR in 2013, can I calculate my student years (3 years) as residency years and apply for discretion as this will make my residency years around 9 years


Will appreciate your advise.

Thanks.

[milan69]

You already asked this questions and haven't replied to a follow up.
How many days were you absent in the last year?
Anything over 450 days of absences in the last 5 years and you will have to apply for discretion which does not mean you will be certainy granted citizenship.
Read page 7-8:
https://www.gov.uk/government/uploads/s ... let-an.pdf

Please note: if your absences are up to 730 days we would expect you to have been resident in
the UK for the last 7 years.For absences exceeding 730 days we would expect you to have been resident
in the UK for the last 8 years unless the absences were a result of one of the reasons detailed in section 5A1/

[hotmale]

Milan69 no need to be rude mate I am aware of the fact and link u have mentioned I don't think you have read my query.

And if using think this has already been answered don't reply let someone else do.

Chill mate

Cheers

[CR001]

http://www.immigrationboards.com/britis ... l#p1109999

[milan69]

All that matters is that you were legally UK resident for the last 8 years, regardless if you were a student or something else.
Once again, no one can guarantee that your application for discretion will be positive.
Having said that I applied for discretion.
How many absences did you have in the last year?

[hotmale]

Hi thanks for your reply in total 600 in n no absents for last one year. Also can I calculate my resident period from 2005 as student?

[hotmale]

I've kept last year absences to 0. No absences at all.


Thanks

[hotmale]

Hi all

I need urgent advice, I am planning to apply for the citizenship however whomever(solicitors consultation/phone live sols) I have contacted is advising me to apply for desecration.

But I've found homeoffice booklet today dated Mar-2015 for citizenship and according to this my application should be processed as normal application.

Here is my case:

I've been out of country for 550 days in past 5 years (0 in last 12 months). I am meeting all other requirements.
I am here in the UK for past 7 years (tier1 5yr + ilr 2yrs).

As per the homeoffice neutralization booklet section 5a clearly states that for absences above 450 and between 730 I've to be in UK for 7 years.

Can any one please advice why no one is mentioning that I qualify under the normal conditions?

Thanks

[fwd079]

As per the homeoffice neutralization booklet section 5a clearly states that for absences above 450 and between 730 I've to be in UK for 7 years.

Can any one please advice why no one is mentioning that I qualify under the normal conditions?

Thanks

These are not the "normal" conditions, writing a cover letter pointing to underlined condition, providing proof of the same and then requesting discretion is the way to go in my view, because under normal conditions you are required to have no more than 450 days off UK in past five years, anything other than that you mention in application and request discretion See section 4 in link.