Maternity absence in the final year of citizenship

[Bhumi]

Hello All,

I have recently gone through citizenship guide form and have concern on absences during final year. I recently got my ILR on 23 Mar 2010 ( i meet all 5 years residence requirement). I am thinking to go to india for 6-7 months during my pregancy. I will out of UK from 15th July 2010- March-2011 months on maternity leave. when i come back in Uk say in March 2011 and then apply for citizenship would these absences stop me to apply from applying citizenship considering the final year residence requirements. I did read in guide on page 6 that

" Applicants who have been outside the UK for 6 months or more in any one of the 5 years residence period will be seen to have ‘broken’ their residence. However, this does not apply in the following circumstances:

1. Period of absence from the UK due to military service
2. Any one absence from the UK not exceeding 12 months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting "

Is this true and is maternity leave, if more than 180 days but less than 12 months should be any issue while applying for citizenship.



Any advise from senior members......

[vks]

Hello All,

I have recently gone through citizenship guide form and have concern on absences during final year. I recently got my ILR on 23 Mar 2010 ( i meet all 5 years residence requirement). I am thinking to go to india for 6-7 months during my pregancy. I will out of UK from 15th July 2010- March-2011 months on maternity leave. when i come back in Uk say in March 2011 and then apply for citizenship would these absences stop me to apply from applying citizenship considering the final year residence requirements. I did read in guide on page 6 that

" Applicants who have been outside the UK for 6 months or more in any one of the 5 years residence period will be seen to have ‘broken’ their residence. However, this does not apply in the following circumstances:

1. Period of absence from the UK due to military service
2. Any one absence from the UK not exceeding 12 months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting "

Is this true and is maternity leave, if more than 180 days but less than 12 months should be any issue while applying for citizenship.

If I interpret the guidance, that is what it says. You should wait for clear guidance from seniors on this topic

[Bhumi]

Any advise from senior member....

[raymasa2]

Hello All,

I have recently gone through citizenship guide form and have concern on absences during final year. I recently got my ILR on 23 Mar 2010 ( i meet all 5 years residence requirement). I am thinking to go to india for 6-7 months during my pregancy. I will out of UK from 15th July 2010- March-2011 months on maternity leave. when i come back in Uk say in March 2011 and then apply for citizenship would these absences stop me to apply from applying citizenship considering the final year residence requirements. I did read in guide on page 6 that

" Applicants who have been outside the UK for 6 months or more in any one of the 5 years residence period will be seen to have ‘broken’ their residence. However, this does not apply in the following circumstances:

1. Period of absence from the UK due to military service
2. Any one absence from the UK not exceeding 12 months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting "

Is this true and is maternity leave, if more than 180 days but less than 12 months should be any issue while applying for citizenship.



Any advise from senior members......

What you quote here is the five year requirement. In addition, you also need to meet requirement for the last 12 months, which is, you cannot be out of the UK for more then 90 days.

The above may apply to the last 12 months requirement as well, but you may want to write to UKBA and get their opinion in writting (via email or post). They are the one who would decide, so better to get a confirmation from them.

Ray

[senthil78]

Hello All,

I have recently gone through citizenship guide form and have concern on absences during final year. I recently got my ILR on 23 Mar 2010 ( i meet all 5 years residence requirement). I am thinking to go to india for 6-7 months during my pregancy. I will out of UK from 15th July 2010- March-2011 months on maternity leave. when i come back in Uk say in March 2011 and then apply for citizenship would these absences stop me to apply from applying citizenship considering the final year residence requirements. I did read in guide on page 6 that

" Applicants who have been outside the UK for 6 months or more in any one of the 5 years residence period will be seen to have ‘broken’ their residence. However, this does not apply in the following circumstances:

1. Period of absence from the UK due to military service
2. Any one absence from the UK not exceeding 12 months for an important reason such as pregnancy and childbirth, serious illness, study or vocational training or an overseas posting "

Is this true and is maternity leave, if more than 180 days but less than 12 months should be any issue while applying for citizenship.



Any advise from senior members......

What you quote here is the five year requirement. In addition, you also need to meet requirement for the last 12 months, which is, you cannot be out of the UK for more then 90 days.

The above may apply to the last 12 months requirement as well, but you may want to write to UKBA and get their opinion in writting (via email or post). They are the one who would decide, so better to get a confirmation from them.

Ray

I too agree with Ray, i think that you have to meet requirement for the last 12 months and the absence should not exceed more than 90 days. Hence, you may not be able to apply in 2011 and probably need to wait for another year. But I don't think that you will get a definate answer from UKBA, they will put the loop open and will simply suggest you that it will be upto the case worker who will be hadling your application. Expert on this forum may give you the proper guidence.

[vinseh]

hey guys,

i am having similar sort of confusion. Have recently got my ILR in 5 yrs WP category and would be eligible for British citizenship next year. Although I am not thinking of going abroad but would probably be going on maternity leave soon (again - in the UK).

My worry is that if I am on maternity leave for all this time i.e. till the time I apply for naturalisation in March next year, would there be any problem as far as being economically active is concerned. If I am out of job for this period would I still be able to apply for naturalisation.

I have asked this question before and have been told that it should be ok but I keep reading these contradictory posts about submitting P60s, payslips along with the application.

Please advise...

Many thanks

[raymasa2]

hey guys,

i am having similar sort of confusion. Have recently got my ILR in 5 yrs WP category and would be eligible for British citizenship next year. Although I am not thinking of going abroad but would probably be going on maternity leave soon (again - in the UK).

My worry is that if I am on maternity leave for all this time i.e. till the time I apply for naturalisation in March next year, would there be any problem as far as being economically active is concerned. If I am out of job for this period would I still be able to apply for naturalisation.

I have asked this question before and have been told that it should be ok but I keep reading these contradictory posts about submitting P60s, payslips along with the application.

Please advise...

Many thanks

If you stay in the UK, you should not have a problem, as long as you have an ILR. Unemployment is not an issue after you have got the ILR, especially if you are on marternity leave. That is a perfectly good reason to be not in emplyment.

Ray

[vinseh]

many thanks Ray, that's very reassuring...however one question, why do I see so many posts from guys struggling to arrange their wage slips/p60s to apply for citizenship?

[raymasa2]

many thanks Ray, that's very reassuring...however one question, why do I see so many posts from guys struggling to arrange their wage slips/p60s to apply for citizenship?

Dont know, I havent seen those posts. Can you provide links?

Ray

[vinseh]

many thanks Ray, that's very reassuring...however one question, why do I see so many posts from guys struggling to arrange their wage slips/p60s to apply for citizenship?

Dont know, I havent seen those posts. Can you provide links?

Ray

check this out - http://www.immigrationboards.com/viewtopic.php?t=54597

i've seen a few more...

[raymasa2]

many thanks Ray, that's very reassuring...however one question, why do I see so many posts from guys struggling to arrange their wage slips/p60s to apply for citizenship?

Dont know, I havent seen those posts. Can you provide links?

Ray

check this out - http://www.immigrationboards.com/viewtopic.php?t=54597

i've seen a few more...

As the poster says, he/she does not have an ILR. He is most likely a citizen of another EU country, and therefore does not require either a visa or an ILR to work and live in the UK. He still may want to become a UK citizen and therefore have to prove that he have been in the UK for five years. One of the ways to show that is by sending payslips, P60, etc.

I am assuming you dont have that issue. I am assuming you can prove your residency in the UK by showing your visa and ILR in your passport.

May I suggest that you download citizenship application and guide from the UKBA website and look through it. It will tell you what you need to show you meet residency requirements.

Ray

[vinseh]

hey thanks mate,

i have actually done all that, downloaded the AN1 form and gone through the guide too. I know it doesn't anywhere say anything about showing that you are employed etc (although it does ask for docs from self employed people, does that mean that self employed people have to show economic activity?)...more I read more I get confused...sometimes

Anyway, when it comes to myself I'm really paranoid...sorry if I bothered you with questions...you were a great help

many thanks again!!!

[raymasa2]

hey thanks mate,

i have actually done all that, downloaded the AN1 form and gone through the guide too. I know it doesn't anywhere say anything about showing that you are employed etc (although it does ask for docs from self employed people, does that mean that self employed people have to show economic activity?)...more I read more I get confused...sometimes

Anyway, when it comes to myself I'm really paranoid...sorry if I bothered you with questions...you were a great help

many thanks again!!!

Self-employed individuals have to show self-assessment to show that they have paid their taxes, and therefore are of good character. Even if you are employed, they may chack with the HMRC to see if you have paid your taxes. But if you are not employed, it wont have a negative affect on your citizenship application.

This check is to see if you are a person of good character and are paying your taxes, not that if you are employed or not.

Ray

[Bhumi]

Dear Senior and All Forum Members,

I would really appreicate if you could provide me more information on maternity absence in last 12 months . Page six of citizenship guide http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf says for absences in last 12 months (please refer to bold part in my first post) but this section falls under EEA ...So does it mean it only applies to EEA national...Please help seniors to interpret it correctly... I will definitely write to UKBA however like one of the member said it depends upon case worker , however caseworker still has to adhere to citizenship guideline if i am not wrong or has he got powers to use his own discretion in particular cases.Thank you all in advance to help understand this..

[vinseh]

hey thanks mate,

i have actually done all that, downloaded the AN1 form and gone through the guide too. I know it doesn't anywhere say anything about showing that you are employed etc (although it does ask for docs from self employed people, does that mean that self employed people have to show economic activity?)...more I read more I get confused...sometimes

Anyway, when it comes to myself I'm really paranoid...sorry if I bothered you with questions...you were a great help

many thanks again!!!

Self-employed individuals have to show self-assessment to show that they have paid their taxes, and therefore are of good character. Even if you are employed, they may chack with the HMRC to see if you have paid your taxes. But if you are not employed, it wont have a negative affect on your citizenship application.

This check is to see if you are a person of good character and are paying your taxes, not that if you are employed or not.

Ray

once again, many thanks Ray, you've been a great help and all your replies were very reassuring...you cleared my mind

[albertwigs]

If an employee requests, consideration shall be given to reducing their hours of work to accommodate their responsibilities for an ill or elderly family member. Similarly, where an opportunity exists for alternate employment within the Corporation which would allow an employee to meet their responsibilities to an ill or elderly family member, consideration will be given to the transfer of the employee to the suitable vacancy. Reduction in hours of work, or movement of employees for this purpose, shall be implemented upon consideration of the needs of the operation and following consultation and concurrence of the proper officials of the Union.