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Awan-Legal
Awan-Legal, Solicitor
Category: UK Immigration Law
Satisfied Customers: 128
Experience:  Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
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I have had my indefinite leave to remain in the United Kingdom

Customer Question

I have had my indefinite leave to remain in the United Kingdom for the past 18 years. I have not been outside UK. for more than two years. I have been in U.K. occasionally every year for one or two weeks.
Please let me know how long I have to stay in U.K. in order to apply for my citizenship.

Regards

Miran
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  UK-Justice replied 2 years ago.
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.

There are seven requirements you need to meet before you apply:

- 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).

Residential requirements
To demonstrate the residential requirements for naturalisation, 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.

I hope this helps.

Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 2 years ago.

Your answer can be found easily on the website of UK border agency. I need a professional advise and not just reading me the text on their website. For example, what are the exceptions and on what grounds the tough conditiones can be waved. When I obtaind my Indefinite leave to remain in U.K. I could apply for citizenshio only one year after. What about now? How long should I wait when I enter again? have you had experience with similar case?

Expert:  UK-Justice replied 2 years ago.
Your question was how long you must stay in the UK.

The answer is 5 years and I have given you the conditions.

Customer: replied 2 years ago.
Relist: Answer quality.
Expert:  Awan-Legal replied 2 years ago.
Hi

My colleague is correct but to confirm you must have lived in the UK for at least five years (which you have) and you must have had indefinite leave to remain for at least one year before the application is made. You also meet this.

The time period you have been out of the UK is within the time period allowed for you to be able to apply. (450 days in the past five years and 90 days/3 months in the last year).

I hope that helps.
Awan-Legal, Solicitor
Satisfied Customers: 128
Experience: Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
Awan-Legal and other UK Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.

O.K. Please let us review this once more. I have got my indefinite leave to remain after 10 years of stay in the U.K. I could stay for another year to get my citizenship. Well, I didn't. Now after 18 years maintaing my Indefinite leave to remain status as it was before making sure not to be out of the country for more than two years, I am faced with this question: If I enter UK this time and decide to stay for my citizenship how long should I wait for this to happen? Some people suggested 3 months, some said 6 months and some said one year. What do you recommend?

Expert:  Awan-Legal replied 2 years ago.
By law you can apply at any time as you have only been out of the UK for 2 weeks at a time in the past 18 years but if you do want to wait as above on your own choice then 3 months is fine.
Customer: replied 2 years ago.

I think you did not read my comments precisely. After I got my infinite leave to remain, I have been in the U.K. one or two weeks at a time but maintained my status becouse I did not stay out of UK for more than one or two years. Please read my comments above accurately and let me know what my status will be if I enter UK this time and decide to stay permanently until I get my citizenship. How long should I wait?

Expert:  Awan-Legal replied 2 years ago.
I am not sure that I have made it very clear- as long as you have kept your status, then it does not matter that you have been out of the uk for one or two weeks every year even as you meet the requirements for naturalisation. This means you can apply at anytime from now on. You do not need to wait anytime at all after leaving the uk this time as you have not broken the residential requirements in the last 18 years.
Customer: replied 2 years ago.

Dear Madam


I still think you have not read my comments properly. I have been "in the UK for one or two weeks at a time (every one or two years).Of course if I kept my status and left the UK only for a short period I was still eligible to apply.My problem is that I have been out of UK much more than I have been in the U.K.


 


Over the past 18 years since I have got my status I have not lived enugh in the UK. Now my question is how long should I wait when I enter UK this time to be eligible for applying for my citizenship?

Expert:  Awan-Legal replied 2 years ago.

Sorry for my delayed response - I see.

You are allowed 450 days so 15 months (1 year and 3 months outside in the last five years) so if you wait 3 years and 9 months since your last period having accumulated to this, then you will be fine but will need to remain in the UK during this time.

Alternatively, you may apply after 9 months (so you have only been out for 90 days in the last year) and may be able to apply on a discretionary basis if you owned a home or business in the UK so were clearly settled here but had to stay abroad during this time for work/family/illness or some crucial reason. You can explain your circumstances and I can see if I can help but I would advise you to enlist the help of a lawyer to apply for you to cover any such issues.

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