ILR 10 year rule question

[Nick10]

Hi all,

Being a new member of the forum, I am extremely impressed with some of the advice that has been given and hope that you will be able to assist me.

I entered the UK in 1994 and spent four years studying at a boarding school, leaving intermittently for holidays which did not exceed 4 months in any one year and did not last for more than 3 months at any one time. In 1998 I commenced studies at a University outside the UK but returned 2 years later to study at a British university. After studying for a further 4 years in the UK, leaving only for short holidays of up to 1 month at a time and less than 4 months in all, I applied for a job in the UK. I found a job with a prestigeous company which arranged a work permit for me. I have now completed 2 yaers of work under the terms of the work permit, but would like to make an application for naturalisation at this time.

I am concerned that my absence from the UK for 2 years (albeit for academic reasons and with a view to return) would be extremely damaging to my application. Is there any way for me to rationalise my absence in order to meet the criteria established by the Home Office?

The application form appears to require that all absence from the country be documented. Is there a cut of point at which certain absences (such as those for less than one month) would not need to be reported?

As you might imagine, I do not have the exact records of the times that I have spent outside the UK in the last 10 years. How should I state my absences without misleading the Home Office? How can the Home Office have these records if my passport is only stamped on entery to the UK but not on departure?

How long does the application process take from the time that I send in the form and supporting documentation?

Your advice is much appreciated,

Regards,

Nick

[RobinLondon]

You're not going to like some of this, but here goes.

Firstly, you cannot apply for naturalisation now in any case. In order to apply for naturalisation, you must be in possession of indefinite leave to remain (ILR), which you don't have. Once you get ILR, you can apply for naturalisation immediately if you are married to a British citizen and have been in the country for the preceding three years. Otherwise you must wait another year with ILR and then apply for citizenship. In both cases, you must have passed the Life in the UK test.

What you need to do first is to qualify and apply for ILR--however just not at the moment. Unfortunately, the 10 year all-legal stay and 14 year not-all-legal stay categories are among the more scrutinised by the Home Office. When you left the UK in 1998, you set the clock back to zero. When you returned in 2000, that is when the current ten-year clock started again. You will not be able to qualify for ILR under the ten-year provision until 2010. Just to be clear, your attempt to mitigate the importance of your two year absence due to attending a university overseas will not be accepted. A term or so overseas whilst registered at a UK university, perhaps. But the way you've described it, no.

Fortunately, though, you have been on a work permit for the past two years. You must now work another three before qualifying for ILR. Therefore, you may apply for ILR in 2009 at the earliest. If in the meantime you marry a UK citizen, apply for citizenship immediately after getting ILR. Otherwise, the earliest that you may apply for naturalisation is 2010.

Congratulations on your prestigious job. Continue in it, and celebrate becoming British in a few years.