How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
28732269
Type Your Immigration Law Question Here...
Thomas is online now

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: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 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 2 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 2 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

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    866
    UK Lawyer holding practising certficate for England & Wales.
  • http://ww2.justanswer.com/uploads/UK/UKSolicitorJA/2011-9-26_165252_lawyer.64x64.jpg UKSolicitorJA's Avatar

    UKSolicitorJA

    Solicitor

    Satisfied Customers:

    549
    English solicitor with over 12 years experience
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    1
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    105
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Immigration Lawyer

    Satisfied Customers:

    33
    US immigration attorney licensed in state and federal court.
  • http://ww2.justanswer.com/uploads/LI/li/2014-12-19_134845_lexughes.64x64.jpg Alice H's Avatar

    Alice H

    Solicitor Advocate

    Satisfied Customers:

    92
    Partner in national law firm