Clarification : Absence before applying naturalisation

[abmnerang]

Hi, (Apologies that I have posted this under ILR , changed it to Citizenshop section now)
could somebody please clarify me the below:

question: is it 90 days in the last 12 months before applying for naturalisation or is it 90 days in the 5th year of ILR qualifying period that an applicant can stay out of UK ?

ukba site suggests this differently in two places of the website:

1) in the guide for naturalisation, it says as below

"To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months. And the total number of days absence for the whole 5 year
period should not exceed 450. If you are married to or in a civil partnership with a British
citizen the total number of days absence for the whole 3 year period should not exceed
270"

2) on this page of the website (http://www.ukba.homeoffice.gov.uk/briti ... uirements/), it says as below:(SEE BULLET 4)

Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
• been resident in the UK for at least five years (this is known as the residential qualifying period); and
• been present in the UK five years before the date of your application; and
• not spent more than 450 days outside the UK during the five-year period; and
. not spent more than 90 days outside the UK in the last 12 months of the five-year period and
• not been in breach of the Immigration Rules at any stage during the five-year period.

[Lucapooka]

The application assumes the applicant is free from immigration time restrictions so the only matter under consideration is the five year residence period that qualifies for citizenship. Therefore, the final year 90 day threshold is with regard to 12 months immediately before the application is submitted.

[Jambo]

It's the last year before you apply and the 5 years are the 5 years before you apply.

If you had a tier-1 visa for example for 5 years, then ILR, then 1 year after ILR, the 5 years would be year 2-6. The last year would be the 6th year. If you had a tier-1 visa for 5 years, then ILR for 10 years and then you decide to apply the 5 years would be years 11-15 and the last year your 15th year.

[abmnerang]

Thank you for the responses.

In my case, we (myself and my wife) have got ILR on last monday i.e. 11th feb , and we both would like apply for naturalisation on 12th feb 2014, so we both can only be away from UK for not more than 90 days.

please confirm.

many thanks for your time.

regards,

[Jambo]

Thank you for the responses.

In my case, we (myself and my wife) have got ILR on last monday i.e. 11th feb , and we both would like apply for naturalisation on 12th feb 2014, so we both can only be away from UK for not more than 90 days.

please confirm.

many thanks for your time.

regards,

If you apply in February 2014, then you should not be absent more than 90 days between February 2013-February 2014 and not more than 450 days between February 2009-February 2014.

You should also make sure you have been in the UK on February 2009 (5 years before the day you apply).

[thorne]

Thank you for the responses.

In my case, we (myself and my wife) have got ILR on last monday i.e. 11th feb , and we both would like apply for naturalisation on 12th feb 2014, so we both can only be away from UK for not more than 90 days.

please confirm.

many thanks for your time.

regards,

That's correct. If you intend to apply for BC in precisely one year's time, then it is this year (Feb 2013 - Feb 2014) you should not be absent from the UK for more than 90 days.