Over stayed

[shahaleem]

Hi Amber/ Members

I have a question i have been granted ILR last year in Oct i.e Oct 2014, i have been to India recently and over stayed there, as it said you can't stay more than 90 days away from the Country, is there any way or any circumstances where i can apply this year my naturalisation.

I was told by a friend in Tier 1 you can leave the country for 6 months, i was thinking that there should be any excuse in my case also.

Appreciate if you or any one could share their experiences.

Regards,
Shah

[Casa]

You'll need to wait until you are clear of the 90 day absence.

[jasonyu1983]

You have to wait.

[UKBALoveStory]

You should be ok, if it is less than 100 days else you have to wait.
https://www.gov.uk/government/uploads/s ... n_2015.pdf

[shahaleem]

Hi All,

Thanks for your response to the post, may ask you one more thing, as i was told that i have to wait ......

I have granted ILR on 21 Oct 2014 and went to India on 28th Dec 2014 came back on 15th May. Its coming around 140 days away from Kingdom.

Do i have to follow this pattern

140 days - 90 days = 50 Days

so if i allow 90 days away from the country i should be able to apply for naturalization

21st Oct 2014 to 21st Oct 2015 -- One year if i add 50 day which i over stayed above on 90 days span.

If this the case should i able to apply on 11th Dec 2015 [ 21/10/2014 - 21/10/2015 + 50 days (140 days - 90 days allowed = 50 days)]

Can any one please clarify me , or give me an exact time when i can apply.
( I have granted ILR on 21/10/2015 stayed away from Kingdom 140 days.. looking exact date when can i apply )

Appreciate if any one can shed light on this issue according to their experiences.

Many thanks in Advance
Shah

[UKBALoveStory]

This is not how it works.

how it works is, form the date of application, you absences from UK should not exceed 90/100 days in last 12 months.
So e.g. you are applying on 1 Jan 2016. The calculation will be From 1 Jan 2016 to 1 Jan 2015, you should not be out of country for more than 90/100 days.

[shahaleem]

Thanks for reply.

Can i take allowable 90 days in start of the year, although ILR granted 5 months ago if i take 90 days in start of the year.
If i allowed to deduct allowable 90 days start of the year then i am eligible in Feb 2016. I am i correct ?

Note : ILR approved on 21/10/2014
traveled to India on 27th Dec 2014
Stayed in India around 140 days
Came back to UK on 15/05/2015.

Appreciate your feedback.

Thanks
Shah

[fielddrive]

Hi Amber/ Members

I have a question i have been granted ILR last year in Oct i.e Oct 2014, i have been to India recently and over stayed there, as it said you can't stay more than 90 days away from the Country, is there any way or any circumstances where i can apply this year my naturalisation.

I was told by a friend in Tier 1 you can leave the country for 6 months, i was thinking that there should be any excuse in my case also.

Appreciate if you or any one could share their experiences.

Regards,
Shah

Provided that you:

- fulfil all other requirements
- do not leave the UK again till the date of your application
- were physically in the UK on 16th Feb 2011

you can apply for naturalisation on 16th February 2016.

In other words echoing what everyone else said you need to wait.