More than 450 days

[walidukdz]

Hello dear members . I have a question regarding my friend over staying . He has had his PR since 2009 but did not have a chance to apply after a year . Reason was that my friend he does not have a mom she passed away when he was a baby. So his grand Mother took care of him but after he got his PR she was very sick and he kept on travelling to her until she passed away . Total days he was out is 640 days with the maximum in 1 go was 120 days . He is self employed and was paying his taxes. Can he apply now using some proof ? What are they ?
Thanks

[Just Wondering]

To apply for naturalisation, he needs to meet the residency requirements (amongst other requirements):

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.

With regard to the italicized text, your friend can apply for discretion to waive one of these requirements so long as he meets all other requirements for naturalisation and he can demonstrate that he has established his home, family and substantial part of his estate here (in other words, he needs to establish that he's "thrown his lot" into the UK - e.g. he had a house here in his name (rented/owned), his career/business was here, his family (wife/girlfriend/children) are here, his pension/assets are here). They would also expect him to have been resident in the UK for 7 years prior to the date of application. See http://www.ukba.homeoffice.gov.uk/sitec ... let_an.pdf

He would set out his request to apply for discretion at question 6.8 continuing onto page 15 if more space is needed to demonstrate the above and explaining why he was outside of the UK.

[rfl]

I also have a question of a similar nature which relates to the qualifying period. If it is 5 years and I was on tier 1 for 5 years and then ILR for 1 year is the 5 years made up of 1 year ILR and 4 years tier 1?

The reason I ask is because I want to make sure I don't go over the 450 days and at the moment if the 5 years is made up of 1 year ILR and 4 years tier 1 then I can spend 90 days out of the country, but if it's made up of the 5 years tier 1 and 1 year ILR then I can't because I have spent too much time out of the country while on tier 1. I spent 28 days out of the UK in my first year on tier 1 and I took 384 days for the whole time I was on tier 1.

Thanks
J

[Just Wondering]

I also have a question of a similar nature which relates to the qualifying period. If it is 5 years and I was on tier 1 for 5 years and then ILR for 1 year is the 5 years made up of 1 year ILR and 4 years tier 1?

The reason I ask is because I want to make sure I don't go over the 450 days and at the moment if the 5 years is made up of 1 year ILR and 4 years tier 1 then I can spend 90 days out of the country, but if it's made up of the 5 years tier 1 and 1 year ILR then I can't because I have spent too much time out of the country while on tier 1. I spent 28 days out of the UK in my first year on tier 1 and I took 384 days for the whole time I was on tier 1.

Thanks
J

Five years is the five years preceding your date of application for naturalisation. So, take the date of your application for naturalisation (or proposed date) and work back 5 years. For example, if you applied exactly 1 year from obtaining ILR then it would be 1 year whilst with ILR and 4 years on Tier 1. Try not to think about it as what visa you were on at the time when calculating your absences - you're just looking at the five year period.