Staying more than 90 days

[eureka_ilr]

We got our ILR in Sep this year. After getting our permanent residency, we are on a two month long holiday in India . I was wondering if its ok for my wife to stay back for more than 90 days and come back sometime in Jan'13, in around 4 months time. What implications what this bring as regards our citizenship? How will this affect her citizenship etc? Any other fallout of staying back more than 90 days.

[Gyfrinachgar]

We got our ILR in Sep this year. After getting our permanent residency, we are on a two month long holiday in India . I was wondering if its ok for my wife to stay back for more than 90 days and come back sometime in Jan'13, in around 4 months time. What implications what this bring as regards our citizenship? How will this affect her citizenship etc? Any other fallout of staying back more than 90 days.

It would have no impact on your IRL, since it stays well below the limit. You will loose IRL if you reside outside of the UK for more than 2 years. A fairly generous limit - with a couple of months you are fine in that regard.

However, it would significantly reduce chances of a citizenship application in the next year. For a successful application, one must not have been away longer than 450 days in the last 5 years and 90 days in the last 1 year. Caseworkes can apply a certain amount of discretion, but with more than 100 days absence from the UK you are beyond the values that can easily be disregarded.

By the way, while indefinite leave to remain and permanent residency are extremely similar and often used synonymously, they are not identically. ILR is used under the UK immigration law and PR is a term used under European law. I know, I am nit-picking again.

[eureka_ilr]

Thanks so much for the helpful reply and the clarification regarding the difference between ILR and PR

I have another quick question to ask if you permit. I have about 9 points on my driving licence. The first 3 points will be taken off my licence in Feb'13 bringing the numbers down to 6. Next 3 will be taken off my licence in May' 14 and the last 3 in Sep 14.

Does this mean that I wont be able to apply for my citizenship till all the points have been taken off of my licence? Or will the CW disregards my driving licence offences (they are all FPNs - no court convictions) and treat my citienship application as a regular case.

[Gyfrinachgar]

I have about 9 points on my driving licence. The first 3 points will be taken off my licence in Feb'13 bringing the numbers down to 6. Next 3 will be taken off my licence in May' 14 and the last 3 in Sep 14.
Does this mean that I wont be able to apply for my citizenship till all the points have been taken off of my licence?

9 points will raise eyebrows, but it is not a knockout criterium (12 will be, though). If they are all FPNs, even better. If that is all there is (i.e. no "pattern of offending") and there is not more than a single FPN max in the last year (which isn't the case here) and you are not disqualified from driving at the time of application, I am sure you will be fine. Drive safe!