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ABSENCE on 5 year residence - due to employment

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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sleepyrascal
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Posts: 11
Joined: Fri Jul 10, 2015 9:34 pm

ABSENCE on 5 year residence - due to employment

Post by sleepyrascal » Wed Jan 23, 2019 4:02 pm

Hello,

My wife received her ILR today. As a partner of a British citizen (Me) she is eligible to apply for citizenship straight away assuming we meet certain rules around residency. We were out of the UK due to me being on a work assignment in the UAE for approx. 560 days in total across her 5 years of residency. This breaks the maximum threshold of 540 days.

however, there is a statement in the legislation (Booklet AN) which states:
(https://assets.publishing.service.gov.u ... r_2018.pdf)

"For absences exceeding 730 days (or 450 days for 6(2) applications) we would expect you
to have been resident in the UK for the last 8 years (5 years for 6(2) applications) unless
the absences were a result of either:

1. A posting abroad in Crown or designated service (see the section on Crown and
designated service. For example, as a member of HM Forces, or as the husband,
wife or civil partner of a British citizen serving abroad in Crown or designated service
2. An unavoidable consequence of the nature of your work. For example, if you are a
merchant seaman or someone working for a UK based business which requires
frequent travel abroad
3. Exceptional or compelling reasons of an occupational or compassionate nature such
as having a firm job offer for which British citizenship is a genuine requirement."

As we were in the UAE as part of my job with a UK based company, I'm assuming point number 2 would apply to us? IN which case my wife could apply now?

Has anyone been through this before?

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