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12 MONTHS ABSENCE FROM UK/BRITISH CITIZENSHIP

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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BRISTOL12
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12 MONTHS ABSENCE FROM UK/BRITISH CITIZENSHIP

Post by BRISTOL12 » Mon Sep 19, 2011 3:54 pm

Hi all,

I am married to a British citizen. I got my ILR Last WEEK. My wife and i have a UK Registered Charity Abroad. We have to be there THREE TIMES a year to run the charity. So in Total i have spent 1 year OUT of UK.

Our Charity does not pay me so i haven't got receipts.I don't claim benefit or working. Please can somebody ADVICE me if i apply for BRITISH CITIZEN after 3 YEARS will it be refused? or can i wait for 4 years then apply for it.

geriatrix
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Post by geriatrix » Mon Sep 19, 2011 4:15 pm

You may apply as and when you fulfil the requirements for spouses and civil partners.

See also Annex B: The residence requirements
Life isn't fair, but you can be!

Jambo
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Post by Jambo » Mon Sep 19, 2011 4:21 pm

It is not clear from your post, how were your absences spread across the three years.

The basic rules are less than 270 days in the 3 years prior to the application including less than 90 days during the last year.

If your absences are more than that, citizenship is subject to discretion. See more info here under section 4 and 5.

BRISTOL12
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Re: 12 MONTHS ABSENCE FROM UK/BRITISH CITIZENSHIP

Post by BRISTOL12 » Fri Sep 23, 2011 5:35 pm

BRISTOL12 wrote:Hi all,

I am married to a British citizen. I got my ILR Last WEEK. My wife and i have a UK Registered Charity Abroad. We have to be there THREE TIMES a year to run the charity. So in Total i have spent 1 year OUT of UK.

Our Charity does not pay me so i haven't got receipts.I don't claim benefit or working. Please can somebody ADVICE me if i apply for BRITISH CITIZEN after 3 YEARS will it be refused? or can i wait for 4 years then apply for it.

IN LAST TWO YEARS I HAVE BEEN ABSENT FOR 12 MONTHS. I HAVE ONE MORE YEAR TO APPLY FOR BRITISH CITIZEN. CAN I APPLY IN 3 YEARS? OR BECAUSE I HAVE BEEN ABSENT FOR MORE THAN I SHOULD CAN I APPLY AFTER 4 YEARS?. PLEASE HELP.

geriatrix
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Post by geriatrix » Fri Sep 23, 2011 5:42 pm

Have you been absent for more than 270 days in the last 3 years? Have you been absent for more than 90 days in the last 12 months?

You may apply for naturalisation on the day (or from that day onwards) when you are able to answer the questions above with a "no".
If you are still unable to ascertain "when", please list your absences (exact dates).

And, please don't shout.
Life isn't fair, but you can be!

newperson
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Post by newperson » Fri Sep 23, 2011 8:24 pm

Bristol,

Make sure you understand the point everyone is trying to make.

Just because you have a total of one year's absence doesn't mean that simply waiting a year makes up for it. It doesn't.

You need to accrue time in the UK, and minimise the amount of time out of it. In any rolling three-year period prior to application, you can't be out of the country for more than 270 days overall *and* you can't be more than 90 days out of the UK in the last year. There is some discretion on that point, so read up on the links that others have listed.

But again, just waiting another year won't help if you're just going to be out of the country the same amount.

Also, you need to be in-country when you apply. And you will need to have been in the UK on the same date three years before your application. There is *no* discretion allowed on that matter. Your application needs to be bookended by UK presence.

Good luck.

(and yes, please drop the all-caps when you type. it's like shouting.)

BRISTOL12
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Post by BRISTOL12 » Sat Sep 24, 2011 1:54 pm

Iam sorry if the word sounded like i was shouting. I always write in upper case but thank you for telling me what's it means when i use upper case.

Right. In the last two years i have been absence for maxium of 3 months making total of 1 year absence (3+3+3+3 months).I got my ILR two weeks ago so i hope to apply for british citizen next year if its possible. Is there any discretion if you work for unpaid charity abroad?

BRISTOL12
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Re: 12 MONTHS ABSENCE FROM UK/BRITISH CITIZENSHIP

Post by BRISTOL12 » Thu Sep 29, 2011 7:19 pm

BRISTOL12 wrote:Hi all,

I am married to a British citizen. I got my ILR Last WEEK. My wife and i have a UK Registered Charity Abroad. We have to be there THREE TIMES a year to run the charity. So in Total i have spent 1 year OUT of UK.

Our Charity does not pay me so i haven't got receipts.I don't claim benefit or working. Please can somebody ADVICE me if i apply for BRITISH CITIZEN after 3 YEARS will it be refused? or can i wait for 4 years then apply for it.
I came to uk on 2009 and got my ILR in 2011. My wife and i have a uk-registered charity abroad. during my 2 years i have been out of the country for 1 year. First went for 3 constant months. Then came back then went for 3 constant months then came back and finally went 3 constant months then again for another 3 constant months making a total of 1 year in 2 years

Backer
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Post by Backer » Thu Sep 29, 2011 9:30 pm

I think you had been given all the information to work this out for yourself and plan forward.
To summarize: When you do apply you are required to have less than 90 days absence during the final year leading up to your application and less than 270 days of absence over the last 3 years leading up to your application. This makes it probably unwise for you to apply before 2013 as you currently total over 365 days of absence in the last 2 years.
There is some discretion that can be applied to the number of days yor are absent but also a list of other requirments - included the links provided to you.
Also remeber the rules for naturalization are different than the rules for ILR and the same goes for discretion on absence and over other issues.

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