Naturalization application qualification criteria

[simple39]

Hi Experts,

I would like to know about the naturlaization application qualification with respect to my scenario.

Came to UK in April 2004.
Got ILR in March 2009
Eligible for Naturalization in March 2010

Till July 2009 absence of UK is : 75 days in total ( from April 2004 - July 2009 ).

I am planning to go for holidays in July 2009 and will be back to UK after 4 months. i.e. Nov/Dec' 2009. As I checked in this forum, regarding the absence of days out of UK should not exceed 90 days ( 3 months ). So please clarify me about my queries.

1. If I apply naturalization in March 2010, 4 months absence ( planning from July 2009 - Nov 2009 ) out of UK means.. it is difficult to proceed my application on the basis of absence of days. ( as max days of absence is 90 days - 3 months )

2. In case if I apply naturalization in Aug 2010, so the last year means from Aug 2009 to Aug 2010.... so in this case my absence out of UK would be 3 months. Is this OK to apply for apply for naturalization in Aug 2010.

Experts, please give response.

Cheers
simple39

[jazbaati99]

Hiya

It should be ok to apply in Aug 10 since your absences in the preceding year would be 90 days or less however do keep in mind that nationality rules are due to change and it I was you, I would apply sooner rather than later. There is some discretion in the absences but it all depends on individual circumstances (reason for absence was medical, bereavement etc)

Rgds

[simple39]

jazbaati99

Thank you for your response.

As you said, apply sooner is better option. I need to change my plan for holidays and try to reduce the absence out of UK days i.e. less than 90 days in the last year.

Cheers
simple39

[londonlad]

4 months of holiday!!!lucky you

[f2k]

Hi Experts,

I would like to know about the naturlaization application qualification with respect to my scenario.

Came to UK in April 2004.
Got ILR in March 2009
Eligible for Naturalization in March 2010

Till July 2009 absence of UK is : 75 days in total ( from April 2004 - July 2009 ).

I am planning to go for holidays in July 2009 and will be back to UK after 4 months. i.e. Nov/Dec' 2009. As I checked in this forum, regarding the absence of days out of UK should not exceed 90 days ( 3 months ). So please clarify me about my queries.

1. If I apply naturalization in March 2010, 4 months absence ( planning from July 2009 - Nov 2009 ) out of UK means.. it is difficult to proceed my application on the basis of absence of days. ( as max days of absence is 90 days - 3 months )

2. In case if I apply naturalization in Aug 2010, so the last year means from Aug 2009 to Aug 2010.... so in this case my absence out of UK would be 3 months. Is this OK to apply for apply for naturalization in Aug 2010.

Experts, please give response.

Cheers
simple39

I think in the final year (one year immediately prior to the date of your application) you cannot not be absent for more than 90days in total.

Residential requirements
To demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
have been present in the United Kingdom five years before the date of your application; and
have not spent more than 450 days outside the United Kingdom during the five year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
have not been in breach of the immigration rules at any stage during the five-year period.

So if you go away for 4 months it will basically mean the earliest you can apply for naturalisation is 11months after your return. in your case that oct/Nov 2010. (on condition that you dont go away again during that year even for short breaks)

Some here say that a 90day break 'resets' your clock, I am not sure if that is the case so you really need to investigate that b4 you go as it could mean when you come back you are in year 0 and with the immigratiion rules changing it could be another 6-8years before you can apply

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

[simple39]

Hi f2k

Thank you for your response.

About the more than 90 days absence, your explanation is right. If I come back after 4 months holidays.. date of application for naturalization will be delayed. So I don't want to take that risk, as the citizenship rules may change any time. I am planning to cut short the holidays for just around less than 2 months ( to be safe side ).

Thanks
simple39