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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 Tom, Thanks for the quick response. Once we have established

Resolved Question:

Hi Tom,

Thanks for the quick response.
Once we have established residency, and my husband has the right to stay in the UK, I believe there are a limited number of days that he is allowed to be outside the UK if he wants to apply for citizenship.
He is an Intellectual Property Attorney and travels fairly extensively for business.
How many days each year may he be outside the UK, and are there any exceptions for work travel?
Also, if for example, he has to pop over from the UK to the Netherlands for the day (leaving early morning, returning the same day and sleeping that night in the UK) does that count as a day outside of the UK or not?

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

Thank you for rating my answer and your very kind bonus.

You need to be mindful of the days outside the UK in two respects. Firstly, in his application for indefinite Leave to Remain and, secondly, in his ultimate application to naturalise as British.

With regard to Indefinite leave to remain. Each case is judged on it's merit so there are not strict guidelines as such, frustratingly. However, there is a general rule of thumb that one should not spend more than 36 days a year outside the UK. However, limited periods spent abroad solely as a result of work can be discounted provided that you can prove they only occurred because of work. I would suggest that your husband keeps substantial records of his work absences and documents that these are required for work (ie. from his employer) and not for recreational visits.

With regard to naturalisation, you will see from the link on my previous qusetion that a person should not spend more than 270 days outside the UK during the 3 years preceding making the application and also not more than 90 days outside of the UK in any one period. He is not generally able to discount time for this application unfortunately so he may have to attempt to scale back during the three years before he applies.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom


Thomas, Solicitor
Satisfied Customers: 6467
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Tom,


 


Please can you research an answer to my day trip question: does it count as a day out of the country or not?


 


This would make a big difference to his days absent from the UK as he could well travel to another EU country just for a day to hold a meeting. He would leave and return the same day, to sleep that night in the UK. Would this be considered absent a day?


 


Thanks,


Michelle

Expert:  Thomas replied 1 year ago.
Hi Michelle,

I see.

I have an out of office appointment now. May I answer tomorrow morning please? I'll have to do some digging..

Tom
Customer: replied 1 year ago.

OK - that's fine....I'll wait to hear back tomorrow then.


 


Best,


Michelle

Expert:  Thomas replied 1 year ago.
Thanks Michelle.

Tom
Expert:  Thomas replied 1 year ago.
Hi Michelle,

Thanks for your patience.

I have checked with a collegue in the absence of it being specifically dealt with in any of the UKBA guidance.

Basically, if a person leaves the UK on a given day and then returns to the UK before the end of that day then the day is still counted as a day within the UK. Which is to say, that it is not counted as a day spent outside the UK for the purpose of applying the rules on indefinite leave to remain and naturalisation.

So, when he is required to confirm what days he has spent outside of the UK he should not include these days. However, I would advise that in a covering letter to the applications he confirms that he has done this travelling on those days and did not include them because he understands that they do not count as days spent outside the UK. He should also keep his passport if he gets a new one so that he can refer any UKBA officier to the two stamps that he will have for each day to confirm.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Thomas, Solicitor
Satisfied Customers: 6467
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks so much, Tom. I will revert with any further questions if/when they arise.


Oh, and Happy New Year!


Best,


Michelle

Expert:  Thomas replied 1 year ago.
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