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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience:  UK Lawyer holding practising certficate for England & Wales.
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if you apply for british citizenship, how many alloted leave

Resolved Question:

if you apply for british citizenship, how many alloted leave of absences?
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

Would you apply under the normal requirements for naturalisation (ie. 5 years residence period) or under the UK spouse requirements (ie. 3 years residence)?

Kind regards,


Tom
Customer: replied 2 years ago.

5 years residence period

Expert:  Thomas replied 2 years ago.

Hi

Thank you for your question and patience, I’m Tom and I’ll try to help you.

On the date you submit the application you must have spent no more than 450 days outside the UK during the previous 5 years.

Additionally, on the date that you submit the application you must not have spent than 90 days outside the UK in the last 12 months preceding the date of the application.

It is also very important to note that you must have been free from immigration time restrictions for 12 months at the date you apply for naturalisation. In other words, if you are applying under the standar d(ie. non-UK spouse) requirements you must wait a further 12 months from the date you receive indefinite leave to remain until you apply for naturalisation. Many people are rejected because they do not realise this.

You can see this is confirmed on the following link:-
https://www.gov.uk/becoming-a-british-citizen
Please see the second and third bullet points in the second set of bullet points on the pages for confirmation.


My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.


Kind regards,


Tom
Customer: replied 2 years ago.

this applies in all categories,right? because i do have the domestic visa.so this is something confusing for me.

Expert:  Thomas replied 2 years ago.
Hi,

The requirements that I have given are for you to apply for naturalisation as a UK citizen. These are the requirements that apply to every applicant wishing to naturalise as a UK citizen, apart from applicants who are married to a UK citizen.

Basically, if you are not married to a UK citizen then the requirements that I gave you are correct if you want to apply to naturalise as a UK citizen.

Note, every applicant must have obtained Indefinite Leave to Remain before they apply for naturalisation though.

I trust this clarifies.

Kind regards

Tom
Customer: replied 2 years ago.

what are the requirements for indefinite leave to remain

Expert:  Thomas replied 2 years ago.
Hi,

What visa are you on please?

Kind regards,

Tom
Customer: replied 2 years ago.

domestic worker leave to remain, I entered at uk on june 11, 2011.

Expert:  Thomas replied 2 years ago.
Hi,

Do you mean a domestic worker in a private household visa as on this link:
https://www.gov.uk/domestic-workers-in-a-private-household-visa/overview

Is this the visa that you are on?

Usually on this the above form of visa you have to leave within 6 months of your entry..

Tom

Expert:  Thomas replied 2 years ago.
Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom
Customer: replied 2 years ago.
Hi.just an added information,I entered uk on June 11,2011 so basically my case is still under the yearly renewal not the 6months.just wanna ask again if I applied for indefinite,how many days (continuous) I'm allowed to have leave of absence outside uk.because my current employer is planning to bring in USA for about 6months (continuous).i just want to confirm an expert about this if just in case I will say yes to them,would it affect my application for indefinite in the future.thanks
Expert:  Thomas replied 2 years ago.
Hi,

The thing is to apply for ILR you must be in an eligible category to apply for ILR. If you are only on a visa which is renewed yearly then it's not likely that the category is eligible for ILR.

The domestic worker category which I referred you to above is not eligible for ILR, for example.

If you are in an eligible category for more than 180 days then it would be a big problem in all ILR applications though..

Kind regards,


Tom
Customer: replied 2 years ago.
I do have the "domestic worker indefinite to remain",in the future am I eligible for IDL?
Thanks!
Expert:  Thomas replied 2 years ago.
Hi,

I'm not quite sure what you mean. If you already have "indefinite leave to remain" then obviously you do not need to apply for it now. You can just proceed to apply for naturalisation provided you meet the aforementioned criteria.

If you mean that you are certain that you are in an category that allows for you to apply for indefinite leave to remain (but I have my doubts about this) then you can apply for ILR provided that you are eligible but if you are going to spend more than 180 days outside the UK then it's going to be a problem unless you can show that it was solely for the reason of work..

Tom
Customer: replied 2 years ago.

Hi!


 


Just an additional information, I've entered UK on June,2011. I had renew my visa on march 2012.they grant me another working permit 'till march 2013 and my visa is still valid until april,2014.so basically, I am under the yearly renewal category.which as far as I know,i am eligible for IDL.since the permit/visa I have is "domestic worker leave to remain".


 


at legal point of view,am I eligible for IDL?


 


thanks!

Expert:  Thomas replied 2 years ago.
Hi

I am travelling at the moment.

I will be able to answer in about 30 mins.

kind regards

Tom
Expert:  Thomas replied 2 years ago.
Hi,

I'm still not 100% what visa you are on. If it's okay I will do a bit more research morning and take the thoughts of a colleague and get back to you.

I should be able to answer at about 945 am tomorrow morning.

Tom
Customer: replied 2 years ago.

that's fine.


 


additional information: I am a domestic worker in a private household


date of entry in uk: june,2011


first renewal: april,2012


2nd renewal: april,2013 (valid until may,2014)


type or permit: domestic worker leave to remain


remarks: restricted work private household only


 


my personal questions that needs legal answer:


1. am I eligible for indefinite leave to remain?


2. what are the requirements for indefinite leave to remain?


3. how many days am I allowed outside uk? (maximum,continous days)


 


if you need more information or details,please don't hesitate to ask me.


 


thank you!

Expert:  Thomas replied 2 years ago.
Thanks. 945 am
Customer: replied 2 years ago.

ok.thanks.

Expert:  Thomas replied 2 years ago.
No problem
Expert:  Thomas replied 2 years ago.
Hi,

Right.

Because you obtained your domestic worker visa before 9 July 2012 the old rules apply to you. After 9 July 2012, you can only get domestic worker visas for up to 6 months and you must leave at the end of it.

The old rules allow for you to be granted 1 year extensions. It also means that you can qualify for ILR.

You qualify for ILR if you have got further extensions of 1 year so that you have spent a continuous period of 5 years in the UK. Therefore, if you entered in June 2011 then the earliest time you could qualify for ILR would be June 2016.

The requirements for ILR are contained on the following page:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/270525/domesticworkers.pdf

Please refer to page 44 on the above link for details of the requirements.

It is also confirmed here:-
https://www.gov.uk/domestic-workers-in-a-private-household-visa/domestic-workers-who-applied-before-5-april-2012

You will note the requirement to live continuously in the UK and that there are no specific time limits on the number of days that you are allowed to be outside the UK. However, the rules now are that you must not spend more than 180 days in any 12 month period outside the UK. If your employer.

If your employer is going to be outside the UK for 6 months before you reach your 5 years in the UK then it's going to be a problem because the visa is granted on the basis that you will remain as an employee of the employer within the UK.

Kind regards,

Tom
Customer: replied 2 years ago.

really appreciated the response.


 


one more question,please.then i'll rate afterwards.


 


because my employer is already british and American at the same time.are there any ways I could say or justify (in the near future) that I went to USA because of work.basically,they're also british so in legal point of view,would it be acceptable?


 


thanks.

Expert:  Thomas replied 2 years ago.
Hi

I will answer at 9am.

Tom
Expert:  Thomas replied 2 years ago.
Hi,

You may be able to argue that, I would still be a little bit doubtful but if you are able to show that the absence was solely down to your employment responsibilities because your employer required you to be there then you may have a chance.

Please remember to rate my answer.

Kind regards,


Tom
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7509
Experience: UK Lawyer holding practising certficate for England & Wales.
Thomas and other Immigration Law Specialists are ready to help you
Expert:  Thomas replied 2 years ago.

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.


Kind regards,


Tom

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