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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7626
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Our Family now has Indefinite leave to remain. Myself,my wife,

Customer Question

Our Family now has Indefinite leave to remain. Myself,my wife, my 2 children aged 21 and 18. We applied on the 17th March 2014 and we made 3 applications. My wife and I applied together and my 2 children applied separately.

We want to apply for our citizenship next year 17th March 2015. If I, the primary member who entered on a Tier1, had to work outside of the UK for the next year, not able to apply for citizenship in 17th March 2015, could my family (my wife and my 2 children) apply for citizenship on their own (in 17th Match 2015) and I apply for citizenship in 2016 (if I am back in the country for one full year).

If yes, what do we need to do ensure that these applications are successful.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.

Hi

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

Yes, each applicant is judged according to their own residential requirements. This means that they are only concerned with the individual applicant’s absences from the UK during the relevant residential period.

So, even if you spend the whole of the year outside the UK it will not affect your children/wife’s application for naturalisation provided that they are able to show that they fall within the acceptable limits of absences from the UK.

They don’t really need to do much to demontstrate their time in the UK beyond explain and outline their residence in the UK over the 5 years and refer to their respective passports as proof that they fall within the limits.

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 3 years ago.

Thanks. Can you point me to the relevant details in the immigration law or UKBA rules that you based your answer on please. I have had answers from justanswer before where I found the legal expert was in fact wrong.


 


I am pleased that your answer is what i expected but i need to make sure that your response is accurate


 


please provide me a reference point where this is stated in the immigration law or UKBA rules please

Expert:  Thomas replied 3 years ago.
Hi,

Confirmation of the immigration time restrictions and absences from the UK are contained at sections 4 & 5 of the following link:-
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/300182/booklet-an.pdf

You will note that the guidance is directed at an individual, rather than referring to you all as a family unit.

Tom