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90 days out of UK issue

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

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XJ2011
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90 days out of UK issue

Post by XJ2011 » Sun Jul 24, 2011 12:53 pm

I should receive my PR this Nov, now my question is I am pregnant and will go back to my own country until the baby is delivered, which means I will be out of UK for more than 90 days after I get my PR.

As far as I know if I want to apply for british passport, the days out of this country has to be less than 90 days? Delaying in applying passport is not an issue for me, but I dont want to be in the situation I cant apply for it because of it.

Can I extend applying the British passport after I return to UK , i.e. If I come back in Jun, 2012, then I can apply in Jun 2013?

Thanks for everyone's advice in advance.

vinny
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Post by vinny » Sun Jul 24, 2011 1:19 pm

JAJ wrote:It would be a problem if you spend too much time outside the UK - then you won't be eligible for citizenship any more.

If you want British citizenship, then apply for it as soon as you're eligible. If you delay, you may find that either your circumstances change, or the law changes, and you can't get it any longer.
Consider having baby born in the UK.
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XJ2011
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Post by XJ2011 » Sun Jul 24, 2011 5:10 pm

Thanks for your advice,but I have decided to go back to my own country to have my baby.

Anyone knows about this 90 days policy?

Jambo
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Post by Jambo » Sun Jul 24, 2011 6:40 pm

In order to apply for a British passport, you will need first to apply to become a British citizen. There is an application form, a fee and a citizenship ceremony to attend if your application is successful.

When applying for British citizenship, some of the residency requirements are (assuming you are not married to a British citizen):
- Spend less than 450 days outside the UK in the 5 years prior to the application.
- Spend less than 90 days outside the UK in the 12 months prior to the application.

You can only apply one year after you receive ILR but that's just the minimum. If you don't meet the requirements one year after ILR, you can apply at any time in the future (when you come back) as long as you can meet the requirements (and the rules stay the same).

gidoc
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Post by gidoc » Sun Jul 24, 2011 7:39 pm

Op's original query:

Yes, applying after a year should be okay, if the rules do not change.
Good luck

maximux79
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Post by maximux79 » Wed Jul 27, 2011 4:42 pm

is the below mentioned 5 years for person got ILR through dependent route ILR. For example, a Tier 1 dependent need to complete 2 years as dependent and another 1 year in ILR? How many days can they be outside UK in the above conditions?

Cheers
Jambo wrote:In order to apply for a British passport, you will need first to apply to become a British citizen. There is an application form, a fee and a citizenship ceremony to attend if your application is successful.

When applying for British citizenship, some of the residency requirements are (assuming you are not married to a British citizen):
- Spend less than 450 days outside the UK in the 5 years prior to the application.
- Spend less than 90 days outside the UK in the 12 months prior to the application.

You can only apply one year after you receive ILR but that's just the minimum. If you don't meet the requirements one year after ILR, you can apply at any time in the future (when you come back) as long as you can meet the requirements (and the rules stay the same).

Jambo
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Post by Jambo » Wed Jul 27, 2011 5:10 pm

maximux79 wrote:is the below mentioned 5 years for person got ILR through dependent route ILR. For example, a Tier 1 dependent need to complete 2 years as dependent and another 1 year in ILR? How many days can they be outside UK in the above conditions?
There are different requirements for Tier-1/ILR and citizenship. It doesn't matter which route you have obtained ILR, the requirements for citizenship are the same. You need to be resident in the UK for 5 years and meet the conditions above.

The only exception is if you are married to a British citizen - the qualifying period is 3 years and not 5 and there is no need to wait for 12 months after ILR.

shs213
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Post by shs213 » Thu Jul 28, 2011 6:55 am

Jambo wrote:
maximux79 wrote:is the below mentioned 5 years for person got ILR through dependent route ILR. For example, a Tier 1 dependent need to complete 2 years as dependent and another 1 year in ILR? How many days can they be outside UK in the above conditions?
There are different requirements for Tier-1/ILR and citizenship. It doesn't matter which route you have obtained ILR, the requirements for citizenship are the same. You need to be resident in the UK for 5 years and meet the conditions above.

The only exception is if you are married to a British citizen - the qualifying period is 3 years and not 5 and there is no need to wait for 12 months after ILR.
what is the rule on no of days outside uk for people applying on the three year grounds as a married to brit du know?

Jambo
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Post by Jambo » Thu Jul 28, 2011 7:58 am

shs213 wrote:what is the rule on no of days outside uk for people applying on the three year grounds as a married to brit du know?
See here. In short - 3 years residency, no more than 270 days outside UK in the 3 years prior to the application, no more than 90 days in the last year.

manyaonisland
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Post by manyaonisland » Thu Jul 28, 2011 7:35 pm

does this 90 also include business related travel or only person non business realted travel? can someone please explain?

thanks.
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Jambo
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Post by Jambo » Thu Jul 28, 2011 9:49 pm

manyaonisland wrote:does this 90 also include business related travel or only person non business realted travel? can someone please explain?
thanks.
Unlike ILR rules, 90 days are for any absence from the UK (including business related travel). In case of excess absences, citizenship can be granted subject to discretion. See section 4 & 5 here

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