Regarding the indefinite leave to remain (ILR); this is what I meant by settlement VISA which we've been having since 22 Feb 2006 (both my wife and I).
For the fixed penalty notice, the policemen who stopped me mentioned that I will hear from the court, which I didn't; I only heard about the fine when I received their letter from the court with details of the fine. When I called them I was told that I may make an appeal; so I do not know if I was supposed to appear before the magistrate or not and frankly I never thought about the matter until I was reading criteria for applying for citizenship. If it matters I can dig further.
Thank you for your reply. I’m not sure I fully understand the Home Office requirements for somebody with an ILR for longer than 8 years. Quoting the HO naturalisation booklet (table in page 7): “…For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons detailed in section 5A1 below…”.
Section 5A1 stipulates:
“For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of either:
•a posting abroad in Crown or designated service etc;
•an unavoidable consequence of the nature of your work etc or
•exceptional or compelling reasons of an occupational or compassionate nature etc.
Obviously I do not fulfil these three points; however (which is my initial question really), such points refer to an applicant who has been living in the UK for less than 8 years and has been away for more than 730 days!They are not applicable in my case.
My understanding here is that I have been in the UK for longer than 8 years and has spent more than 730 days (perhaps less than 900 days) abroad. And referring gain to the table in page 7, I may have to show that I meet all other requirements (good conduct included; and that I have established my family, home and estate in the UK; in such case, buying a house here may be of some help? What do you think?
My understanding is that the three reason listed in the HO booklet can serve to alleviate the 8-year length of residency but not the length of stay outside the UK (that is; if somebody who may fall under the three categories listed has been outside the UK for more than 730 days but less than 900 days within less than 8 years since he got his ILR). Can you please comment on that ?
Thanks, ***** ***** is right then I'll comeback to my original question: can I apply for citizenship if I hold an ILR for longer than 8 years but have been away for more than 730 days (perhaps less than 900 days)? Can I apply on this basis ?
Thanks, ***** ***** a fact or is it your interpretation of what is in the booklet ? because the booklet does not stipulate that the length of stay outside the UK must not be continuous. Would the term residency refer to living in the UK or having an ILR ?
I knew it is a matter of 'discretion' and that the HO may have their own interpretation for absence and residency etc. In your opinion what it is the best path for me to apply for citizenship ?
That sounds the 'safest' thing to do; from your experience do the HO always interpret the term 'resident' as being physically present in the UK? has such 'ordinary residency' interpretation been disputed in court?