Outside uk for 5 months having ILR can apply nationality?

[ssoct98@hotmail.com]

Dear got ILR in August 2012 left uk in nov 2012 back by may 2013 can apply nationality as I believe outside requirement is 3 month mine coming 5 or 6 month,need to stay outside with parents?

Plz advise.Especially seniors.

Thanks

[Gyfrinachgar]

Dear got ILR in August 2012 left uk in nov 2012 back by may 2013 can apply nationality as I believe outside requirement is 3 month mine coming 5 or 6 month,need to stay outside with parents?

Plz advise.Especially seniors.

Thanks

You will only loose IRL if you are away for 2 years - no problem for you on that end. Regarding naturalisation, you must not have been absent:
(1) more than 450 days in the last 5 years
(2) more than 90 days in the last 1 year
(3) on the beginning of your qualifying period
(4) on the day HO receives your application.

Since you will have been away 180 days or so, you should wait for at least 90 days after your return because you would be in conflict with (2) otherwise.

[ssoct98@hotmail.com]

Thanks but its written at ukba website discretion given for 180 days if all other requirements met is it right?

[logicmohs]

Hi,
please if you could advise on 90 days period of absence in last 12 months...
I am attending the ceremony in few days time and would like to apply naturalisation of my wife as spouse of BC under 3 years residence period.
She came to uk on 21/07/2009. got ILR on 8/11/2011.
She went abroad for 108 days from feb till may 2012, then for 5 days on 14/06/2012 till 19/06/2012 and lastly for 12 days from 11/09/2012 till 23/09/2012. Bringing total absence of 125 days in 2012. Total in 3 years 213 days.
Please advise , last 12 month means 'the last 12 months from the date of applying for naturalisation'. OR 12 months calculated from the date of entry to UK OR 12 months from grant of ILR.

kind regards
Adeeb.

[ssoct98@hotmail.com]

I m still looking for my reply how can I comment on your 6 month question,so seniors plz reply can 6 month be ignored in 1 year if all other requirements are met as its written on UKBA site?

[lostintot]

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/ read about it

[Gyfrinachgar]

Thanks but its written at ukba website discretion given for 180 days if all other requirements met is it right?

Theoretically yes, but it is a gamble. Caseworkers discretion is not easy to predict, and if you max out the thresholds in that way, there is a high risk of rejection. If you have 1000 quid to spare, you can try, but be prepared to loose them

[Gyfrinachgar]

I am attending the ceremony in few days time and would like to apply naturalisation of my wife as spouse of BC under 3 years residence period. (...) Bringing total absence of 125 days in 2012. Total in 3 years 213 days.

Under marriage rules, the thresholds are slightly bit different: she should not have spent more than 270 days outside the United Kingdom during the 3 years and more than 90 days in the last 1 year. The first limit is no problem for you, but the second would require discretion. Not too much, and therefore not as risky as the above case, but still a gamble. I would advise to wait at least 35 days before applying. Since she must have been in the UK on the date of the application (non-waivable crtiterion), that means waiting until May.

Please advise , last 12 month means 'the last 12 months from the date of applying for naturalisation'. OR 12 months calculated from the date of entry to UK OR 12 months from grant of ILR.

Yes, 12 months is form the exact date of application (the day HO receives the paperwork) - today that would be the period from 18-Jan-2012 until today.

[ssoct98@hotmail.com]

So as its discretion than can u tell when I can apy after coming back after 3 months or 6 months?

[Gyfrinachgar]

So as its discretion than can u tell when I can apy after coming back after 3 months or 6 months?

As I said above: you can apply once your absence days are in accordance with the 4 criteria stated:
(1) not away >450 days in the last 5 years (270 days in 3 years if based on marriage)
(2) not away >90 days in the last 1 year
(3) not away on the beginning of your qualifying period (5 and 3 years respectively)
(4) not away on the day HO receives your application.

For example, if you have been away 180 days in the last year, wait at least 90 days - then you absence will be 90 days or less. Assuming the other three criteria are met, you can then apply without any problems on that end. If you do not meet criteria (1) or (2), discretion may be applied, while criteria (3) and (4) are non-waivable. If and how much discretion is applied depends on your caseworker, though. That is why it is called discretion.

[ban.s]

(4) not away on the day HO receives your application.

this is no longer a requirement. the "receiving authorities" have changed in July 2012, so it doesn't matter whether the applicant is in the UK or abroad (except Hong Kong, and some british overseas territories) on the day UKBA receive the application