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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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I came to UK in jan 2004 on work permit. My wife came as a

Resolved Question:

I came to UK in jan 2004 on work permit. My wife came as a dependant in June 2005. My wife, daughter (qualified as dependent) and I (5 yrs continuous employment) received our ILR in August 2009. We were eligible for British Citizenship in August 2010. As I had to fly to India due to personal reasons, only my wife and daughter applied and received their passports. I left UK in Nov 2010 and have been in India since then taking care of my parents. I will be flying back to UK in Jan 2011 however wanted to apply for British Citizenship before that.
1. Can I still apply for Naturalization even if I haven’t been in UK for 10 months now?
2. Can I apply based on my wife's British citizenship though I haven’t been in UK for sometime now?
2. Can I apply from India?
Submitted: 2 years ago.
Category: UK Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

The requirements to naturalise as a UK citizen are on the following page:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

You will note the residential requirements and that in particular there is a requirement that you must not have been outside the UK for a period of more than 90 days in the last 12 month period immediately before you make your application. For this reason you will not be able to apply to be naturalised at the present time.

You cannot apply to be naturalised on the basis of your wife’s citizenship either.

You could not apply from India in any event, you would have to apply from the UK.

There is an additional complication in that your ILR may have been revoked if you have spent that amount of time outside the UK after having obtained ILR then there is a possibility that your ILR may have been revoked. You will have to contact the UKBA to check your status and may have to apply as a returning resident:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/settlement/returning-residents/

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Kind regards,


Tom
Customer: replied 2 years ago.

Hi,

 

In regards XXXXX XXXXX I was told by homeoffice that I must not be out the country for a continuous 2 years period to retain my ILR. Even if I have make a single trip for a day only to avoid continous 2 years out of country period, my ILR will remain valid.

 

In my case, I got my ILR in Aug 2009 and has been out of country from Nov 10 (except 2 weeks visit Mar 11 for 2 weeks), so I don't think I have breached any ILR rule as oppose to what you are indicating that I may have lost my ILR.

 

Please elaborate your comments regarding "revoking of ILR".

 

Thanks

Expert:  Thomas replied 2 years ago.
Hi

so were admitted entry to the UK for two weeks in march 2011 without restriction are any questioning at all?

kind regards

Tom
Customer: replied 2 years ago.
Sorry, could not understand your question. Please elaborate.
Expert:  Thomas replied 2 years ago.

You were allowed to re-enter the UK for a period of two weeks starting sometime in March 2011.

 

You were not questioned upon your return about why you had spent a significant time outside of the UK and why you were returning.

 

Correct?

 

KInd regards,


Tom

Customer: replied 2 years ago.
Yes, that is correct. I wasn't asked anything and was allowed entry.

But I couldn't understand why you said about "revoking of ILR"
Expert:  Thomas replied 2 years ago.

The UKBA retains a discretion to revoke a person's ILR if they have been out of the country for extended periods of time.

 

Generally, this is taken to be if a person has 6 consecutive months outside of the UK and appears to have uproot their settled home life from the UK to elsewhere. It's quite inconsistently applied and you can see from the link above that a person can apply for a returning resident's visa. You will note that the eligilbity requirements are that the person has been outside the UK for less than 2 years, thus implying that the position at which the UKBA shall revoke lies some before 2 years.

 

You should get in touch with the UKBA and check whether you will have any problems re-entering or whether you shoudl apply for a returning resident's visa before you travel.

Trust this clarifies, please click accept.

Kind regards.

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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