- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
There is indeed discretion with regard to the 90 day rule but you'd have to make a case for it. An additional 30 days should normally be OK but I suspect the better and most straightforward strategy is simply to wait a month before applying. That way your application would be straightforward and need no discretion from the caseworker and probably end up being processed very quickly . In the other case they'd have to put it in the "needs judgement call" category and it will probably involve a superior to make a decision on whether to allow it or not. By waiting 30 days you may still end up with a shorter total time to naturalisation if you know what I mean.Unwanted wrote:Hi
I got my ILR today! Many thanks to this board and John in particular.
I also subsequently got a call from work asking me to fly out to India for 4 months for work.
I am aware that you should not have been out of the country for more than 90 days in the 12 months preceding a naturalisation application.
If the absence is work related, is there any leeway to this 90 day rule? If not, the alternative is presumably to wait an extra month before applying for naturalisation.
Thanks!
Is it that nutty? If you accept that five years is a reasonable amount of time to expect someone to live in UK before qualifying to be naturalised, and that 3 months a year is a reasonable amount of time that someone resident in the UK could be expected to spend outside the country without casting shadows over their commitment to the place, then how do you express that as an easily administerable rule, except by having a start date?Unwanted wrote:....Sounds like a nutty rule but hey.....
I would agree it makes things unnecessarily complex.ppron747 wrote:Is it that nutty? If you accept that five years is a reasonable amount of time to expect someone to live in UK before qualifying to be naturalised, and that 3 months a year is a reasonable amount of time that someone resident in the UK could be expected to spend outside the country without casting shadows over their commitment to the place, then how do you express that as an easily administerable rule, except by having a start date?Unwanted wrote:....Sounds like a nutty rule but hey.....
If there wasn't a start date, then what would stop people from taking all their "permitted absences" before they'd even got here, and then be in a position to qualify for naturalisation in 3.75 years instead of 5..?
Maybe my calculation is incorrect, but leaving aside discretion for excess absences, it seems to me that an absence of 4 months would reset the naturalisation clock by a whole year, not one month.lemess wrote: There is indeed discretion with regard to the 90 day rule but you'd have to make a case for it. An additional 30 days should normally be OK but I suspect the better and most straightforward strategy is simply to wait a month before applying.
Levels of decision making authority are included in the Nationality Instructions.That way your application would be straightforward and need no discretion from the caseworker and probably end up being processed very quickly . In the other case they'd have to put it in the "needs judgement call" category and it will probably involve a superior to make a decision on whether to allow it or not. By waiting 30 days you may still end up with a shorter total time to naturalisation if you know what I mean.
John wrote:I can't see that at all .... can you explain? Mathematically! A couple of worked examples?Maybe my calculation is incorrect, but leaving aside discretion for excess absences, it seems to me that an absence of 4 months would reset the naturalisation clock by a whole year, not one month.
The key thing here seems to be the naturalisation eligibility date.JAJ wrote:John wrote:I can't see that at all .... can you explain? Mathematically! A couple of worked examples?Maybe my calculation is incorrect, but leaving aside discretion for excess absences, it seems to me that an absence of 4 months would reset the naturalisation clock by a whole year, not one month.
For simplicity, assume the person has had ILR for many years and has lived in the UK a long time (eg 15 years residence, 10 years with ILR, no absences from the UK).
Then on 1 January 2006 he leaves the UK for 4 months, and then returns to the UK. No further absences.
On his return to the UK (1 May 2006), he falls foul of the "90 day rule" as he has 120 days outside the UK in the previous 12 months. He will continue to not comply with this rule right through 2006.
By my calculation, such a person will not be eligible to apply for naturalisation until 1 February 2007 (9 months after arriving back in the UK).
Hence the 4 months outside the UK doesn't just put back eligibility by 1 month, it's necessary to wait an additional 9 months for the extra days to drop out of the calculation.
Is that correct or am I still missing something obvious?