Urgent advice Please about NATURALISATION

[ssoct98@hotmail.com]

Dear All,
I would like to know about Naturalization application for my cousin,The details are as below,
she came in uk on 4th aug 2008 as Hsmp dependent,go outside on 4th oct 2008 back by 2nd dec 2008
again go out 02 jan 2011 back by 11th march 2011
Got ILR on 3rd august 2012 than she go out again from 10 nov 2012 till 18th april 2013.

Now she checked and most advice her she is eligible on 18th January 2014 to apply for naturalization,as she spend more than one 3 month from 10 nov 2012 to 18th april 2013,so she cant apply on 3rd august 2013 and now on 18th January 2014 her time period complete and now she is planning to apply.

Please advise as per above date did her calculations are correct and she can apply any date after 18th januray 2014 or not?

Especially all moderators gurus and all seniors.

Thanks alot.

[ssoct98@hotmail.com]

Anyone please reply

[Just Wondering]

I am not entirely sure what you're asking.

She is eligible to apply for citizenship after being a resident for 5 years (or 3 years if married to a British citizen) and if she's had an unrestricted right to remain for at least 12 months (i.e. she had ILR for 12 months).

So, she would be eligible to apply for naturalization on 4 August 2013.

When she lodges her application, she needs to ensure she was in the country on the date five years before the Home Office receives her application. So, if the Home Office receives her application on 17 January 2014, she'll need to ensure she was in the UK on 17 January 2009.

She must also meet the residency requirement. From the dates given, she meets the long requirement (i.e. no more than 450 days outside the UK over the past 5 years). I currently have her at 286 days. She also just meets the short requirement (i.e. no more than 90 days outside the UK in the past 12 months). I have her as meeting this requirement on or about 18 January 2014.

[ssoct98@hotmail.com]

Dear Thanks for reply my question is how she became eligible on 18th janauary 2014 how you calculate that date yes she is in the country for 5 years married to someone who is on hsmp at that time but now british my question is that how u calvulate this 18th janauray 2014 date and also one solicitor said that as she been outside for more than 3 months now hnow her time starts from last date of entry means she need to apply on 18th april 2014.But most agreed on 18th janauary 2014.Is it happened that living outside from uk after getting ILr more than 3 month in this case 5 months break continuous living period of 12 month in last year and now need to live again 12 month from last date of entry again.I m trying explain if you can get.
Thanks

Please advise.

[Just Wondering]

I am still not sure what you're asking.

Your friend cannot have more than 90 days outside of the UK in the previous 12 months from the date of application. From your timeline, she last entered the UK in April 2013. So in the previous 12 months (18 January 2013 - 18 January 2014), she has only been out of the country 90 days. The first 100 days outside of the UK during the 12 month period before application is disregarded in any event.

However, if she's applying as a spouse of a British citizen, she'll need to wait until 13 March 2014 as she would need to have been in the UK 3 years before the date she applies.

[ssoct98@hotmail.com]

HI,
i explain you again she is applying under 5 year rule and now i need to know that a solicitor said ukba considered from last date of entry which is april 18th 2013 not that u start from 18th january 2013 and apply on 18 january 2014,he said that u can only apply once u complete full one year,he said once u spend more that 3 month in on year the continuous period break so u need to spend 1 year again,he said you can do like this to get 100 percent result.
But i believe too as u said that just complete last 12 month with 3 month absence which is starting from 18th january 2013 to 18th january 2014.But confusion is that soliciotr said apply on 18th april not on 18th january 2014,Please send me any link that we are doing right by applying on 18th january 2014.
I dont want she loose fee.she want to apply any date after 18th janaury 2014.
Thanks again

[Just Wondering]

HI,
i explain you again she is applying under 5 year rule and now i need to know that a solicitor said ukba considered from last date of entry which is april 18th 2013 not that u start from 18th january 2013 and apply on 18 january 2014,he said that u can only apply once u complete full one year,he said once u spend more that 3 month in on year the continuous period break so u need to spend 1 year again,he said you can do like this to get 100 percent result.
But i believe too as u said that just complete last 12 month with 3 month absence which is starting from 18th january 2013 to 18th january 2014.But confusion is that soliciotr said apply on 18th april not on 18th january 2014,Please send me any link that we are doing right by applying on 18th january 2014.
I dont want she loose fee.she want to apply any date after 18th janaury 2014.
Thanks again

The solicitor is wrong.

If she's applying under five year residency: http://www.ukba.homeoffice.gov.uk/briti ... uirements/

If she's applying as a spouse of British citizen:
http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

Notice both routes state: In order to demonstrate the residential requirements for naturalisation you need to...have not spent more than 90 days outside the United Kingdom in the last 12 months...

The 12 month period starts from the date of application (e.g. if she applied today (19 January 2014), the 12 month period would be 19 January 2013 - 19 January 2014.)

[ssoct98@hotmail.com]

Ok Thanks alot one last question so it is not important that she should be in uk on 18th january 2013 but she should be in uk on 18th january 2009?Also UKBA count last 12 month whether u are in uk or not?