Help - Exceeding Maximum Absences for Naturalisation

[cnalbon]

Hi all,

I am hoping to find someone who can shed some insight into how or under what circumstances a naturalisation application may be successful despite me exceeding the maximum absences.

Here are the details of my application:
- Both of my parents and one of my brothers are citizens
- I have been resident in the UK for 13 years, and have had ILR for the past 5 years.
- I left the U.K. for university in the US (my original nationality) between September 2011 and November 2015.
- Therefore, I certainly exceed the maximum absences for the past 5 years but I have every intention to stay in the UK, my home, and demonstrate that with a full time job and all of my family here.
- Upon applying I will not have exceeded my absences for the previous 12 months prior to application.

So my question is - is there any circumstance in which the application officer could see fair reason to waive my absences for the past 4 years as I was only away for part of my education and returned right after I was finished and intend to stay and build my career here? Can any part of my story count as a compelling compassionate or occupational reason to waive my absences?

And the more general question - where does absence for education fall? No where in all of the documents I have scoured is absence for education mentioned and I would be curious to know if they have a usual policy towards absences of that nature.

Thank you in advance for any and all help you can offer!

[noajthan]

Hi all,

I am hoping to find someone who can shed some insight into how or under what circumstances a naturalisation application may be successful despite me exceeding the maximum absences.

Here are the details of my application:
- Both of my parents and one of my brothers are citizens
- I have been resident in the UK for 13 years, and have had ILR for the past 5 years.
- I left the U.K. for university in the US (my original nationality) between September 2011 and November 2015.
- Therefore, I certainly exceed the maximum absences for the past 5 years but I have every intention to stay in the UK, my home, and demonstrate that with a full time job and all of my family here.
- Upon applying I will not have exceeded my absences for the previous 12 months prior to application.

So my question is - is there any circumstance in which the application officer could see fair reason to waive my absences for the past 4 years as I was only away for part of my education and returned right after I was finished and intend to stay and build my career here? Can any part of my story count as a compelling compassionate or occupational reason to waive my absences?

And the more general question - where does absence for education fall? No where in all of the documents I have scoured is absence for education mentioned and I would be curious to know if they have a usual policy towards absences of that nature.

Thank you in advance for any and all help you can offer!

When did you get ILR? before your absence?

Were you away from UK for 4 years?
If so, and if you had ILR before you left for US, your ILR will have lapsed by now due to your over 2 years absence from UK.

This is a concern and needs to be addressed before thinking about applying to naturalise.

[zahmed05]

There is some discretion but as you was absent for such a long time and don't meet the 12 month limit as well so this is highly unlikely to get approved.

Don't risk your money. Apply when you are within the limit.

[cnalbon]

Apologies, I don't think I was clear.

- I got ILR in 2010 and it has not lapsed as despite studying in the US from 2011 to 2015, I frequently returned to the UK, at least 4 weeks a year.
- I was away from the UK for most of 4 years, but not for 4 continuous years
- I do meet the 12 month limit (or will have when applying, as I won't be applying for at least another 6 months to a year). I have already been in the UK without leaving for 6 months since my return.

Does that help?

[noajthan]

Apologies, I don't think I was clear.

- I got ILR in 2010 and it has not lapsed as despite studying in the US from 2011 to 2015, I frequently returned to the UK, at least 4 weeks a year.
- I was away from the UK for most of 4 years, but not for 4 continuous years
- I do meet the 12 month limit (or will have when applying, as I won't be applying for at least another 6 months to a year). I have already been in the UK without leaving for 6 months since my return.

Does that help?

Suggest double check about status of your ILR. 4 weeks out of 52 weeks is not residence. Technically your ILR may have ended.
Which passport did you reenter UK on? Was it your US passport?

Even if you still have ILR (& caseworker will scrutinise that during naturalisation application processing) you have been away too much. There may be follow-up questions about such an absence.

Check AN guidance to see how your absence computes over 6, 7 or 8 year periods.
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- section 5

Or just wait until the absence blip has 'timed out' in due course.

[CR001]

Short visits to the UK doesn't maintain ILR status.

Are you sure you have not been stamped in as a visitor?

If you haven't, then consider yourself extremely lucky.

I don't believe there is any chance to waive the absence though as it is excessive.

[cnalbon]

Great, thank you all very much for your input!

In regards to my ILR, yes I definitely still have it. I have always stated my ILR upon re-entering the UK and the officers have always acknowledged it with no issues and I have never been stamped as a visitor. I didn't realise that was lucky...

So in regards to that, if I decide to move back to the US before naturalisation, when would my ILR no longer be valid? And how many days out of the year would I have to stay in the UK to keep it?

[zahmed05]

I would highly suggest staying away from applying naturalization for next 4.5 years.

If you go ahead and mention such an excessive list of absences, the case work may come back saying you don't have ILR anymore so don't qualify for citizenship.

Resident is someone staying for more than 180 days in UK.

[ouflak1]

In regards to my ILR, yes I definitely still have it. I have always stated my ILR upon re-entering the UK and the officers have always acknowledged it with no issues and I have never been stamped as a visitor. I didn't realize that was lucky...

If you were able to convince the border agents that, despite studying abroad, your center of life, and your continued life beyond your studies, was in the UK, then I can see them allowing you to preserve your ILR. Lucky, but IMO, reasonable. What is your nationality?

So in regards to that, if I decide to move back to the US before naturalization, when would my ILR no longer be valid?

Probably after two consecutive years outside of the UK, though they may cancel it upon your first return to the UK as your circumstances would clearly have changed (don't ever lie!).

And how many days out of the year would I have to stay in the UK to keep it?

Minimum 180 a year, but that is just to maintain ILR. If you want to go for citizenship, you would be best served to keep the absences under 90 days a year on average, and definitely under 90 for the 12 months prior to the application. There are people who have exceeded this number absences, but their circumstances were very particular(arguably extreme) and things have tightened up a LOT. They are now looking for the slightest valid reason to refuse, and will even come after an applicant's current status if they find an issue there.

Zahmed's advice is very sound. If UK citizenship is your goal, it might be best to lay low here in the UK for a good four to five years and then apply. Then you can leave and live in America for the rest of your days if you so wish.