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Referee requirements

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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CMSyder
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Application for citizenship after British spouse passed away

Post by CMSyder » Wed Jul 20, 2022 3:01 pm

Hello everyone. I am now holding ILR right and I want to apply for citizenship now. My ILR was issued on the 05 April 2017 and valid until 31 December 2024. My husband passed away on 1st Feb 2017. I left UK a few times to spend time in my home country:
Left UK on the 25th April 2017 came back to UK on the 10th August 2017. Then left again the UK on the 22 Sept 2017. Came back to UK 13th of August 2018. Then travelled outside UK for a holiday last 7th March 2022 and came back 7th of April 2022.
I have not remarried and now planning to apply for my British citizenship.
All these days I have been out of the UK,
do I still qualify for the residency requirement:

Excerpt taken from Gov website

"You must have been physically present in the UK exactly 5 years before the Home Office receives your application.

Your application may be rejected if you were not in the UK exactly 5 years before the Home Office received it. "

Example

If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2017 and returned to the UK on 25 June 2017, you will not qualify. You’ll need to wait until 24 June 2022 to apply.

Any input will be highly appreciated.
Thank you very much.

kamoe
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Joined: Mon Sep 07, 2015 11:57 am
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Re: Application for citizenship after British spouse passed away

Post by kamoe » Wed Jul 20, 2022 4:56 pm

CMSyder wrote:
Wed Jul 20, 2022 3:01 pm
do I still qualify for the residency requirement:
What you are quoting is NOT the residence requirement. It's the physical presence requirement.

The residence requirement states that you should not have:
1. Been absent from the UK more than 450 days in the 5-year period preceding your application; AND also NOT have
2. Been absent from the UK more than 90 days in the 12-month period preceding your application.

It's up to you to calculate if and when you meet those requirements.
Excerpt taken from Gov website

"You must have been physically present in the UK exactly 5 years before the Home Office receives your application.

Your application may be rejected if you were not in the UK exactly 5 years before the Home Office received it. "

Example

If the Home Office receives your application on 20 June 2022, but you left the UK on 10 June 2017 and returned to the UK on 25 June 2017, you will not qualify. You’ll need to wait until 24 June 2022 to apply.

Any input will be highly appreciated.
Thank you very much.
The physical presence requirement you quote means you need to pick carefully the date you submit your application, as you need to make sure that on that date 5 years ago + 1 day, you were present in the UK for the full 24 hours of that day.

For example, if you were to submit your application today, July 20th 2022; you need to make sure that you were present in the UK on July 21st 2017. (Go back 5 years and add one day). Also you need to make sure you did not travel in or out of the UK on that day, as the 24 hour presence would not be met in that case.

Again, it is up to you to calculate what would be a suitable date to submit the application.
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

CMSyder
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Re: Application for citizenship after British spouse passed away

Post by CMSyder » Thu Jul 21, 2022 7:24 am

Thanks Kamoe for your reply. This means I will meet the physical presence requirement if I my application on the 11th of August 2022 as I was physically present in the UK on the 10th of August 2017.Also, I satisfy the residency requirement even if I left the UK in 22nd of September 2017 and came back on the 13th of August 2018, as I was away from UKless than 400 days. Please tell me if my interpretation is correct or otherwise.
Thank you for your time.

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alterhase58
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Location: UK Bucks
Germany

Re: Application for citizenship after British spouse passed away

Post by alterhase58 » Thu Jul 21, 2022 9:09 am

Absences, refer to the naturalisation guidance, pages 10/11/12: https://assets.publishing.service.gov.u ... _06.07.pdf

Quote:
"Normal permitted absences in
qualifying period
450 days "

Note this is the total over the 5 years residency period, with a limit of 90 days in the 12 months before the application.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

CMSyder
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Joined: Mon Jul 13, 2020 11:50 pm
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Re: Application for citizenship after British spouse passed away

Post by CMSyder » Thu Jul 21, 2022 3:14 pm

Thanks Alterhase58.

CMSyder
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Referee requirements

Post by CMSyder » Mon Aug 08, 2022 4:37 pm

Can I have two referees who are both British citizens but none of them are professionals? Thanks.

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alterhase58
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Joined: Fri Aug 26, 2016 12:02 am
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Germany

Re: Referee requirements

Post by alterhase58 » Mon Aug 08, 2022 4:41 pm

CMSyder wrote:
Mon Aug 08, 2022 4:37 pm
Can I have two referees who are both British citizens but none of them are professionals? Thanks.
Two British citizens are fine, but one has to be a professional person.
Please refer to page 25 of the guidelines for which professions are acceptable: https://assets.publishing.service.gov.u ... ionals.pdf
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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