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duration of time you can spend abroad during the procedure for getting the British citizenship

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  • duration of time you can spend abroad during the procedure for getting the British citizenship

    We received the settled status in September 2019.
    I am spending appr. 2 months now abroad and then I return to the UK for a few weeks.
    Following that I would like to go travelling for 4-5 months... but I am not sure how much time I can spend abroad without loosing my right to apply for the British citizenship (I'd like to launch the procedure after my return in January/February 2022).
    Is it 6 months or 6 consecutive months, per calendar year or from the start of each trip... or none of these?
    Thank you for giving me your advice on this.

  • #2
    Originally posted by danjoy42 View Post
    We received the settled status in September 2019.
    I am spending appr. 2 months now abroad and then I return to the UK for a few weeks.
    Following that I would like to go travelling for 4-5 months... but I am not sure how much time I can spend abroad without loosing my right to apply for the British citizenship (I'd like to launch the procedure after my return in January/February 2022).
    Is it 6 months or 6 consecutive months, per calendar year or from the start of each trip... or none of these?
    Thank you for giving me your advice on this.
    Afternoon,

    You may want to refer to this post: Absence allowances and discretion

    ...where you'll see:
    The usual absence allowances are:
    • Up to 90 days in the last 12 months; and either
    • Up to 270 days in the last 3 years if you are married to a British citizen at the time of your application; or
    • Up to 450 days in the last 5 years if you are not married to a British citizen.

    I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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    • #3
      As you can see, it's an overall cumulative total both for the last 12 months and last 5 years, it doesn't matter whether they are consecutive or not. If you spend more than the 90-100 days usually allowed in the last 12 months, you can still apply on your return, provided you are within the allowed limits for the last 5 years, but will need to wait till the excess absences drop off the last 12 months.

      The post linked above also goes on to say:
      There is less discretion when the excess absences have been during the year before the naturalization application.

      Each case is different and will be evaluated on its own merits.

      For full details, see:Absences in the final year

      You must only exercise discretion for excessive absences during the final year of the qualifying period under section 6(1)if the future intentionsrequirement is met.

      Where the applicant is applying under section 6(2)or has met the future intentions requirement the following will apply.
      Total absences:
      • of 100 days or less;exercise discretion
      • between 100 and 180 days, where the residence requirement across the qualifying period is met –discretion is only appropriate where the applicant demonstrates strong links through the presence of family, employment and their home in the UK
      • of more than 100 days but not more than 180 days where the residence requirements over the full qualifying period are not met -consider exercising discretion if both the following apply:
        • applicants have demonstrated that they have made this country their home by establishing a home, employment family, property and finances in the UK
        • the absence is justified by Crown service or by compelling occupational or compassionate reasons, including inability to travel becauseof a global pandemic
      • exceeding 180 days where the residence requirements over the full qualifying period are met -consider exercising discretion if the applicant has demonstrated that they have made theUK their home
      • exceeding 180 days where theresidence requirements over the full qualifying period are not met –you must only exercise discretion where the applicant has demonstrated that they have made this country their home and there are exceptional circumstances.



      Note the reference to inability to travel due to a global pandemic, however, this is likely to cover periods when flights were not available or were cancelled, etc. rather than just periods when the applicant chose not to travel and/or to spend time with their family abroad.

      The easiest and safest thing to do when an applicant has exceeded the allowance, particularly in the last 12 months, is just to wait and apply once the excess absences have dropped off the last 12 months, since there's no requirement to be British for any practical purposes other than being able to vote in GEs, unless there are specific circumstances that wouldn't make this possible.

      I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

      Comment


      • #4
        We have put together the following resources which should be your starting point.Also refer to this post: Issues, mistakes, errors and ommisions

        ....and, before going further, you should also be aware of the potential impact on family members you may wish to sponsor in the future.

        Please note that it may also be necessary to show you were exercising treaty rights for the previous 3 or 5 years, as noted here:
        Employment, financial requirements and treaty rights for citizenship - UKCEN Citizenship and Residence for European Nationals and their families

        I am the Site Manager and Webmaster, please refer to our Admin Team, Roles and Responsibilities. If you think we have helped in any way, please support us so we can keep helping others secure their status, it is now more important than ever now EEA nationals are subject to the same immigration requirements as non EEA nationals and require proof of valid status in the UK.

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