- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator
I appreciate the prompt response.Wanderer wrote:Think u have to be physically present in UK on the date you actually qualify. Or something like that! John or JAJ will know!
All requirements are okay as I have sent my own application a month ago. The only problem really is that she's not in the UK at the moment though she was still in the UK at the time (April2008) when we are already eligible to apply. She only left on June2008.Wanderer wrote:She also needs to have passed the Life in UK test, which u can only do in UK.
Dunno if she had to do that for ILR, law changed recently - u do now!
90 days?? she's over 90 days already..so does it mean her 6 years have been wasted?? and she's no longer eligible for naturalisation?John wrote:I suggest she gets back to the UK quickly! There are a number of tests here but the one that seems most relevant is that in the last year prior to applying for Naturalisation the applicant must be outside the UK no more than 90 days. OK, a bit of leeway on the 90 day number, but not a lot.
No way can she think of staying outside the UK to say next March, and then apply in April.
I think I read it as when she comes back she has to spend a year in UK. less 90 days allowance. I'm confused as hell tho!jbinuk wrote:okay..so as long as she doesnt exceed 2 years then she can come back here and submit an application. Do I undestant that correctly?parvus1202 wrote:If you have ILR already ,the maximum time to be outside the UK before it becomes invalid is 2 years.
The requirements are clearly on the website:jbinuk wrote:okay..so as long as she doesnt exceed 2 years then she can come back here and submit an application. Do I undestant that correctly?parvus1202 wrote:If you have ILR already ,the maximum time to be outside the UK before it becomes invalid is 2 years.
As she has been outside the UK for more than 90 days now, unless she has compelling reasons (travelling for work, giving birth, crown service, etc) I cannot see how she qualifies now. If she is just literally over the 90 day limit, she can possibly return to the UK and apply asap, although it might look odd that she has only just returned to the UK and then submits an application (and then leaves the UK again??).UKBA wrote:Residential requirements
To demonstrate the residential requirements for naturalisation you need to:
have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
have been present in the United Kingdom five years before the date of your application; and
have not spent more than 450 days outside the United Kingdom during the five year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
have not been in breach of the immigration rules at any stage during the five-year period.
Five years' residency for naturalisation is right. But in order to be given ILR or permanent residency, most people have to have been in the UK for five years. And then they have to have have their settled status for one year before they can apply to naturalise. So five plus one equals six years, in effect, although only five are required for naturalisation. So, for example, if you have the right of abode or are an Irish citizen, and are therefore deemed settled on arrival, you could apply for naturalisation after five years.sakura wrote:(I am confused about something...I thought you needed to have six years' residency for naturalisation? Why does it still say five??)
Yep I agree..immigration and naturalisation are now technically "out of sync" in a sense.Christophe wrote:Five years' residency for naturalisation is right. But in order to be given ILR or permanent residency, most people have to have been in the UK for five years. And then they have to have have their settled status for one year before they can apply to naturalise. So five plus one equals six years, in effect, although only five are required for naturalisation. So, for example, if you have the right of abode or are an Irish citizen, and are therefore deemed settled on arrival, you could apply for naturalisation after five years.sakura wrote:(I am confused about something...I thought you needed to have six years' residency for naturalisation? Why does it still say five??)
Basically, the changes that the government has made to the immigration rules has put immigration and naturalisation "out of sync", as it were.
The quote by Parvus is irrelevant, as the 2-year absence period relates to disqualification from ILR, not British citizenship.Wanderer wrote:I think I read it as when she comes back she has to spend a year in UK. less 90 days allowance. I'm confused as hell tho!jbinuk wrote:okay..so as long as she doesnt exceed 2 years then she can come back here and submit an application. Do I undestant that correctly?parvus1202 wrote:If you have ILR already ,the maximum time to be outside the UK before it becomes invalid is 2 years.
You guys are confusing yourselves. Plus your info is incomplete/unclear so make sure she has her Life in the UK test for one thing. It doesn't matter she wasn't in the country in April when she reached the 5 years of residence. What is relevant is whenever she submits the application which is how the qualifying period is calculated. It is irrelevant that she was eligible earlier in the year. Sakura hit it the closest. She needs to return to the UK to apply so that she has not been out of the UK too much beyond 90 days in the last 12 month period.jbinuk wrote:I appreciate the prompt response.Wanderer wrote:Think u have to be physically present in UK on the date you actually qualify. Or something like that! John or JAJ will know!
But do you have to be phisically present in the UK on the date you QUALIFY or the date you APPLY??? I think they are two different things.
Thnks for the response.Mr Rusty wrote:The quote by Parvus is irrelevant, as the 2-year absence period relates to disqualification from ILR, not British citizenship.Wanderer wrote:I think I read it as when she comes back she has to spend a year in UK. less 90 days allowance. I'm confused as hell tho!jbinuk wrote:okay..so as long as she doesnt exceed 2 years then she can come back here and submit an application. Do I undestant that correctly?parvus1202 wrote:If you have ILR already ,the maximum time to be outside the UK before it becomes invalid is 2 years.
The guidance notes refer to applications from abroad, but only in relation to the anomaly that persons living abroad are not subject to UK immigration control, thus applications which haven't fulfilled the residence requirements are technically possible but likely to be refused.
But they don't say that you can't apply from abroad, and in this case the applicant had fulfilled the residence requirement before she left, also she has her family and property here.
I think she possibly could apply within the US, and it would be worth enquiring with the British Consulate there. Probably best to see if you can get to speak to someone first with a brief resume of the situation, followed by a letter to him/her if required.
If that doesn't work then I would go with Wanderer's interpretation.
All requirements have been met except that she's not currently in the UK nd since she left last july, she technically have exceeded 90 days.jbinuk wrote:Thnks for the response.Mr Rusty wrote:The quote by Parvus is irrelevant, as the 2-year absence period relates to disqualification from ILR, not British citizenship.Wanderer wrote:I think I read it as when she comes back she has to spend a year in UK. less 90 days allowance. I'm confused as hell tho!jbinuk wrote:
okay..so as long as she doesnt exceed 2 years then she can come back here and submit an application. Do I undestant that correctly?
The guidance notes refer to applications from abroad, but only in relation to the anomaly that persons living abroad are not subject to UK immigration control, thus applications which haven't fulfilled the residence requirements are technically possible but likely to be refused.
But they don't say that you can't apply from abroad, and in this case the applicant had fulfilled the residence requirement before she left, also she has her family and property here.
I think she possibly could apply within the US, and it would be worth enquiring with the British Consulate there. Probably best to see if you can get to speak to someone first with a brief resume of the situation, followed by a letter to him/her if required.
If that doesn't work then I would go with Wanderer's interpretation.
This is exatly what I was thinking before but I am so sure wether this is possible or not and this is the reason why I posted this case.
Now I am more confused than before... 90days? 100days? 180days?djb123 wrote:Maybe I'm missing something but...
http://www.bia.homeoffice.gov.uk/britis ... cesfromuk/
This suggests it is possible to have absences in the final year over 100 days and up to 180 days if the residence requirements over the qualifying period are met and you have demonstrated a link with the United Kingdom by establishing your home, family and a large part of your estate here.[/list]
So in that case, in the last year she has been outside the U.K. for around 107 days.jbinuk wrote: She's been out since 9th of June this year. But prior to that day, she's already eligible to apply.