Number of absences doubt

[bala26]

Hi,

Could someone please help me calculate the absence period?

Suppose my application date is today, so 5 years period starts from 05/03/2018. I was outside UK from 22/08/2017 to 28/04/2018. Should I start counting my absence period from 22/08/2017 or from 05/03/2018 as I was outside the UK on 05/03/2018.

If I start the absence period from 22/08/2017 days are exceeding over 500 days.
If I start counting absences from 05/03/2018, I'm within 400 days.

I have been in the UK since May 2013 on a dependent visa and my total absence won't cross 700 days.

So, please suggest should I apply now or wait until 28/04/2023 to be within limits of 5 years absence period or my under 700 days overall absence for the past 8 years will be fine for naturalisation?

Thanks!

[alterhase58]

Hi,

Could someone please help me calculate the absence period?

Suppose my application date is today, so 5 years period starts from 05/03/2018. I was outside UK from 22/08/2017 to 28/04/2018. Should I start counting my absence period from 22/08/2017 or from 05/03/2018 as I was outside the UK on 05/03/2018.

If I start the absence period from 22/08/2017 days are exceeding over 500 days.
If I start counting absences from 05/03/2018, I'm within 400 days.

I have been in the UK since May 2013 on a dependent visa and my total absence won't cross 700 days.

So, please suggest should I apply now or wait until 28/04/2023 to be within limits of 5 years absence period or my under 700 days overall absence for the past 8 years will be fine for naturalisation?
DON'T apply now you weren't physically in the UK! Apply 29/04 - only a few weeks to go. Will you be within the 90 days for the past 12 months?
Thanks!

[bala26]

Thanks for the reply.

I will be within 90 days in the last 12 months.

Will I not be eligible under the total 750 days of absence in the last 8 years. I have seen this in ukba guidance but not sure.

Could you pls clarify?

Thanks

[alterhase58]

All you need is to show the absences for five years back from the application date. Absences going back 8 years are not relevant.

I have seen this in ukba guidance but not sure.

What guidance are you referring to? UKBA doesn't exist anymore...

[bala26]

below guidance

https://www.gov.uk/government/publicati ... n-guidance



Absences normally disregarded only if: • you meet all other requirements and • you have established your home, family and a substantial part of your estate here. 900 days Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years. For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 540 days Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years. For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 11 years unless the absences were a result of one of the reasons given below years unless the absences were the result of one of the reasons given below.

[alterhase58]

If I understand your post correctly your absences within the 5 years period (counted back from the application date) is within 400 so there's no issue and you wouldn't have to ask for discretion. More important in my mind is to apply on/after 28/04/23, rather than 5/3/23.

[CR001]

below guidance

https://www.gov.uk/government/publicati ... n-guidance



Absences normally disregarded only if: • you meet all other requirements and • you have established your home, family and a substantial part of your estate here. 900 days Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years. For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 540 days Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years. For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 11 years unless the absences were a result of one of the reasons given below years unless the absences were the result of one of the reasons given below.

It is not just about how long you have lived here to apply at discretion with substantial absences. The bit highlighted and enlarged must also be met in additional to ALL the other requirements.

As alterhase58 has said, in the last 5 years you simply need to be under 450 days absence and must also meet the physically present in the UK requirement at the start of the 5 year qualifying period.

[bala26]

Thank you alterhase58 and CR001 for clarifying.