Confused absence

[Greg1000]

Hello there.
Guys,I need your help.
My application for naturalisation is ready,I have met all requirements.
I have passed Live in UK test,I have proper ESOL qualification,I have not spent more than 450 days outside the UK during those 5 years,and no more than 90 days outside the UK in the last 12 months.
I came to UK in 2006 and obviously have Home Office as well.
However in 2011 I have been outside UK for 226 days due to family circumstances.
Still not exceed 450 days, is this true that because I have been away for 226 days in 2011 I am not eligible to apply for the citizenship?

[milan69]

You can apply.
It is is 450 days in total in the last 5 years and 90 days in the final year.
You have to hold ILR for one year.

[Greg1000]

That's what I thought.
But someone told me,that break of a continuous 6 months or more is considered a break in treaty rights/residence.

[milan69]

I never have come across such thing and there is no mention of it in AN Guide.

[Julian11]

It depends how you qualify. If you are applying on the basis of exercising EU treaty rights in the UK, then indeed, 180 days (6 months) or more in any particular year (doesn't even have to be consecutive) breaks your treaty rights being exercised in the UK and resets your residence period when you come back after that. But again, this is only if you are applying as an EU citizen.

[Greg1000]

Hi.
Sent an email to Home Office with the same question.
Received answer today: "There are cases where discretion can be applied to excess absences, although it doesn’t appear your absence would be considered as excessive as it is under the allowance of 450 days in the 5 year qualifying period.

But it doesn't clearly say "yes or no".

What do you think?

[fwd079]

Hi.
Sent an email to Home Office with the same question.
Received answer today: "There are cases where discretion can be applied to excess absences, although it doesn’t appear your absence would be considered as excessive as it is under the allowance of 450 days in the 5 year qualifying period.

But it doesn't clearly say "yes or no".

What do you think?

I think bold part is extremely clear.

[Greg1000]

So am I eligible or not?

[fwd079]

So am I eligible or not?

Book NCS appointment and apply.

[Greg1000]

Cheers mate.

[Greg1000]

Good morning.
Last time I was in here in November.
As I was busy since then,I didn't do nothing about my Citizenship.
Could anyone tell me what about the rules about that?
Has something changed,any new requirements?
Not quite sure if I'm still allowed to do it.
I've sent a question to Home Office,but there is no answer.

Thanks

[milan69]

All the info already given still applies.