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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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TAO *Thomas Graham* I have a question about British naturalization.

Resolved Question:

TAO *Thomas Graham*

I have a question about British naturalization. I have entered the country to join my mother in 15/May/2009, ILR granted on 19/08/2011. I spent 60 days outside the UK since I came in 2009.

Questions:
1) when is the earliest date can my application reach the UKBA?
2) Can I travel outside the UK at the beginning of December to work for a UK based company? I will not come back for 9 months so I will apply from outside the UK

So in the final year there will be around 160 days absence.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

Thanks for requesting me.


I shall assume that you are not married to a UK national.


You will see that the standard requirements for naturalisation are contained here, on the following UKBA webpage:

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

 

You will note that you must have been resident in the UK for 5 years prior to making the application. Therefore the earliest that you could possibly make the application would be 15th May 2014.

 

The current amount of time that you have spent outside the UK will not be a problem.


However, your plans to work outside the UK for a period of 9 months will be a problem.

 

You will note on the above link that you must not spend more than 90 days outside the UK in any 12 month period during your 5 year residence period.

 

So, if you were to planning to apply as soon as you have reached your 5 year period then you would not be able to work outside of the UK for more than 90 days before you apply. So, I am afraid that you will have to either alter your plan to work outside of the UK, or work outside of the UK and then wait the best part of a year before applying for naturalisation.


You must also make the application from within the UK.

 

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

 

 

Customer: replied 3 years ago.

 


Hi Tom,


 


I got a bit confused to be honest. The UKBA website states that they might allow absences in the final year for up to 180 days


 


Please read the following from their website:


 


If you have been absent from the UK for between 101 and 180 days in total during the final year, we 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.


http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/absencesfromuk/


 


According to their website they saying that I can apply for naturlisation from abroad and I will have the ceremony and receive the certificate at the British embassy in the country where I applied from


 


here are confirmation of that:


http://www.ukba.homeoffice.gov.uk/sitecontent/newsfragments/66-nat-add


 


Awaiting your respond


 


 


Thank you


 


 


Mo

Expert:  Thomas replied 3 years ago.
Hi

I will reply at 9.

Tom
Customer: replied 3 years ago.
Ok, Thank you
Expert:  Thomas replied 3 years ago.
Hi,

Sorry I have seen a typo in my original answer.

In the following sentence "You will note on the above link that you must not spend more than 90 days outside the UK in any 12 month period during your 5 year residence period."

I should have saud that you must not spend more than 90 days outside of the UK in the final 12 month period..

The link that I have originally posted is in respect of the absolute residence requirements. If you meet these then the UKBA HAVE to allow your application.

The link that you have posted is citing their general approach where they have to exercise their discretion. So, it is not the case that if you meet the limits in the link that you have posted you will definately be allowed to naturalise, it is a guideline for how they are likely to exercise the discretion.

If you are able to show that your effective permanent home is now in the UK then you should be fine. Personally I would only recommened applying if you are well under the 180 limit in your final year.

Having rechecked it seems that you can apply from outside the UK though.

Please rate my answer.

Kind regards,

Tom
Customer: replied 3 years ago.
Ok, Thank you Thomas.

Can you please confirm something for me if you do not mind!
Is Returing residence the correct form to submit to replace ILR from abroad? Because I will renew my passport soon and I won't be able to retain the old one as it will be taken away by my home country passport department

Also can you please direct me of how can I rate the service ? I have only 1 option which is ACCEPT


Thanks
Expert:  Thomas replied 3 years ago.
Hi,

The Returning residents visa is for persons who have lived outside of the UK for a period of time after obtaining ILR in the UK.

The following page gives guidance on how to transfer your ILR:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/while-in-uk/transfer-visa-to-passport/

I think you can click "Accept" and then it should give you options to rate my service. Please do so.

Tom
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