Absence from the UK

[chuns4]

Hi everyone
I would very much appreciate your help in assisting me through the following..

I am originally from Hong Kong and had been studying in the UK for the past 8 years. During which I had been away for 2 years (working in HK). As there is a requirement that we have to meet for the absence from the UK in order to apply for the British citizenship through naturalisation. I wonder how that is going to work.

If the 5 years qualifying period can be lets say from 2009-2014? rather than up-to-date? or does the qualifying period has to be up to the application date?
Please advise!

[secret.simon]

The five years residence requirements are for the five years ending with the date of application. You must also have been physically present in the UK at the start of the five year period.

So, if you were to apply today (25/05/2017), you would need to prove that you were in the UK on 26/05/2012 and that you met the presence requirements (450 days in five years and 90 days in the past year).

[chuns4]

Hi Simon,
First of, what kind of proof would be considered? That I was physically in the Uk on 26/05/2012 lets say? and so if I were in the UK for 8 years, I can be absence for 730 days? How are they gonna check actually?
Im just considering my options here, thank you for your speedy reply!

[secret.simon]

Assuming that you are a non-EEA citizen (and not the family member of one either), you will need to submit the passports for that time frame.

The requirement is 450 days in five years. If there is longer absence, the Home Office may exercise discretion if all other requirements are met AND you can demonstrate that you have established your home, family and a substantial part of your estate here. (See Pages 7-8 of the Booklet AN)

[chuns4]

so they will check it against the passport record for the absence from the UK.
am I right in saying my absence can not exceed 730days in the 8 years period?
thanks a lot!

[secret.simon]

Updated my response above.

BTW, do you have ILR?

[vinny]

Read Annex B: Residence requirements.

[chuns4]

No I do not have a Indefinite Leave to Remain (ILR), I had been here by myself with the rest of my family back at home in Hong Kong.

[secret.simon]

No I do not have a Indefinite Leave to Remain (ILR), I had been here by myself with the rest of my family back at home in Hong Kong.

You need to have held ILR for a year, in addition to the five years requirement.