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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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Hi. I have spent 4.5 Years in the UK and I have another 6 months

Resolved Question:

Hi. I have spent 4.5 Years in the UK and I have another 6 months to go for getting an ILR and 1 year after that to get the British passport. I have traveled outside UK for about 60 days in total until now.

I have accepted a Job with Accenture and will be based in London. However, given the nature of the project, I am expected to stay for 15 days in India and 15 days in the UK for the next 18 months. The India travel will be a business expense and the company is paying me for the travel. I will continue to get salary on the monthly basis in the UK. Will this impact me as far as getting a UK passport is concerned?


Regards

Pavan
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Thanks for your question.

You have said with your new job that you will spend 15 days in India and 15 days in the UK for the next 18 months. Does this mean that you will not permanently live in the UK?

Tom
Customer: replied 1 year ago.

Yes. I intend to move to India after i get my UK Passport for a period of 4 years and then come back to UK to live permanently. The reason i have the 15 days in India and 15 days in UK as an option because i wanted to take care of some urgent personal issues.

Expert:  Thomas replied 1 year ago.
Right.

But you are to remain living permanently in the UK (with the exception of 15 days which you will spend in India) from now until such time as you get your UK passport after naturalizing? Correct?
Tom
Customer: replied 1 year ago.

Sorry...i have Joined Accenture as a Partner and Managing Director. I am anchoring a project that has an India component and UK component. My wife and son will be in UK full time until Mar 2014. My son goes to a school in London and my wife is doing a part-time job in London. I am an employee of Accenture UK Plc. This is a UK based company and I will get my salary and bonus in UK. I have no earnings in India. However, because my work demands it, I will have to travel from October 2012 until March 2014 to India. I will have to spend 15 days in India and 15 days in UK every month. I become eligible for ILR on April 1st, 2013 and UK Passport on April 1st 2014. I intend to settle down in UK and live Permanently in UK after April 2014. I intend to surrender my Indian Passport and take the UK Passport. The residency requirements I am told is that I should not be away from UK more than 90 days for the final year. However, I am travelling to India for close to 180 days in the final year.

Expert:  Thomas replied 1 year ago.
Ok.

Drafting your answer now..

Tom
Customer: replied 1 year ago.

Thanks Tom.

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

There are no hard and fast rules as to the amount of time that a person applying for ILR should spend outside the UK, though I have generally found that the UKBA will have problems with person who have spent more than 180 days outside the UK or more than 90 days outside the UK in any one person. They tend to reject applications that breach this, though you can be successful on appeal if you can show that there is an amount that should be discounted because it was solely due for work.

I assume therefore that your time outside the UK until you are eligible for ILR will not (quite) be a problem.

In order to be eligible to apply for naturalisation you would have to meet the residential requirements that are on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

Therefore I would think that you would certainly spend more than 90 days outside the UK. I assume that you will be able to bring the absences outside the UK in the final 12 months below 180 days, please therefore refer to the following heading “Absences during the final year” on the following link:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/absencesfromuk/

Then they will normally disregard the absence if:-
• you have met the residence requirements over the qualifying period; and
• you have demonstrated a link with the UK by establishing your home, family and a large part of yourestate here.
Therefore if your family remains here and you can show the absence is solely down to work, which you will be able to, then you should still be able to naturalise.


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Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6395
Experience: BA (Hons), PgDip, Practising Solicitor
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