Absences for British nationality

[fillinspace]

Hi all,

I am sorry if this question has already been asked but I could not search it.

I arrived in the UK in dec 2009 on spouse visa and got my ILR in Feb 2012.

Now I want to apply for my naturalization and british passport.

However, I remained out of UK for around 590 days, since my arrival here.

However, for the last five years (Sep 2010-Sep 2015) my absence period is 490. My question is can I still apply for naturalisation or shall I wait for few more years.

Thanks.

[CR001]

The residence qualifying period is counted from date of application and then counting backwards. So if you apply on 1st September 2015, the qualifying period started on 1st September 2010 or 1st September 2012 if you are married to a British citizen where you only need 3 years residence for citizenship.

Make sure that on the date that HO receives your application that you were physically present on exactly the same date 3/5 years ago. If you were not, your application will be refused.

What is your absence in the last 3 years (assuming your spouse is British)?

[fillinspace]

Hi

Thanks for getting back to me. The absence during the last three years is 429 days and I was not in the uk on 1-9-2012, though I was in the uk on 1-9-2010.

I went back to my native place after getting my ILR in 2012.

Can I still go ahead?

[secret.simon]

Is your spouse British?

[fillinspace]

yes she is british

[secret.simon]

I was not in the uk on 1-9-2012, though I was in the uk on 1-9-2010.

My apologies for asking the previous question. Even if your wife is British, you do not meet the three year requirement (Section 6(2)). The presence of the person in the UK either three or five years ago is a requirement of the law that the UKV&I has no discretion to overlook.

How many whole days of absence have you had in the past five years? Upto 480 days in five years are normally disregarded anyway. So, go through your days of absence and make sure that you do not count the day that you left and the day you arrived, just the whole number of days outside the UK.

I think you should be fine.

Also see Pages 7-9 of the Booklet AN.

[fillinspace]

Hi Simon

So if i m not getting it wrong my case falls under 6(2) but still i can claim naturalization basing my claim for last five years wherin my absence is 470 days. I stayed out of uk from June 2012 to august 2013.

[secret.simon]

You would need to apply under Section 6(1). You can not apply under Section 6(2).

[fillinspace]

Hi all,

I arrived in the UK in 2009 on spouse visa as my wife is british. I got my ILR in 2012.

I am attaching my absence data in the attached file. Please advise me if I am able to apply for naturalization. If yes, when.


UK AIRPORT ARRIVAL DELHI AIRPORT
ARRIVAL DEPARTURE ABSENT
27/12/2009 22/02/2010 27/12/2009 ILR DATE 23.2.2012
18/03/2010 29/06/2010 18/03/2010 24
09/09/2010 02/01/2011 09/09/2010 72
21/02/2011 02/10/2011 21/02/2011 50
17/10/2011 21/06/2012 17/10/2011 15
08/08/2013 23/12/2014 08/08/2013 413
13/01/2015 12/01/2015 20
TOTAL ABSENT SINCE 27.12.2009 594

[geriatrix]

How about listing "absences from UK" in the following order:
Departure date from UK : Arrival (return) date in UK : Days absent

Will make life easier for everyone!


Assuming you are married to a British citizen, you may apply for naturalisation when:
1. your absences in the 3 years peceding the application fall below 270, and
2. in the 12 months preceding the application the absences fall below 90, and
3. you were physically present in the UK on the same day 3 years ago as the day of your naturalisation application (e.g. - if you apply on 14-Dec-15, you must have been physically present in the UK on 14-Dec-12).