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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i hold the indefinite leave to remain for the last 7years approximately

Resolved Question:

i hold the indefinite leave to remain for the last 7years approximately and i have been away from the uk during the last 12 months. am i eligible to apply for the british nationality from abroad? and if so do u know how long it would take?
many thanks and regards
s
Submitted: 3 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 3 years ago.

Hi S,.

 

Are you married to a UK national?

 

Tom



Edited by T_Graham12 on 12/2/2010 at 7:50 AM EST
Customer: replied 3 years ago.

No i am not. i was resident for 5 years as i was an EU family member (my mum was of italian nationality). then i was eligible to the indefinite leave to remain which i was granted. i then continued living in the uk, and kept postponing the idea of applying for the british nationality for 6 years. then i had to go abroad for a year and i was hoping to apply now. i am planing to go back and live in uk but that will be in few months and i wish to apply for the citizenship immediately. I was wondering if i am eligible to do so? i appreciate your help and advice.

kind regards

Expert:  Thomas replied 3 years ago.

Hi,

 

If you have been out of the UK for 90 days in the preceding 12 months then I'm afraid you will not be able to apply for naturalisation as you do not meet the standard residential requirement - which you will have to meet if you are not applying on the basis of marriage to a UK citizen.

 

The requirements for naturalisation are as follows:-

  • You must be aged 18 or over.
  • You must be of sound mind.
  • You must intend to continue living in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member, or the service of a company or association established in the UK.
  • You must be able to communicate in English, Welsh or Scottish Gaelic to an acceptable degree.
  • You must have sufficient knowledge of life in the UK.
  • You must be of good character.
  • You must meet the residential requirements (see below).

The residential requirements are as follows:-

you must have:

  • been resident in the UK for at least five years (this is known as the residential qualifying period); and
  • been present in the UK five years before the date of your application; and
  • not spent more than 450 days outside the UK during the five-year period; and
  • not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
  • not been in breach of the Immigration Rules at any stage during the five-year period

Once you meet these requirements you will be eligible to apply for naturalisation as a UK citizen.

 

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Kind regards


Tom

Thomas, Solicitor
Satisfied Customers: 6444
Experience: BA (Hons), PgDip, Practising Solicitor
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