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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I am an Indian national married to a British citizen and have

Resolved Question:

I am an Indian national married to a British citizen and have a certificate of entitlement to the right of abode. we have been married 33 years and have a home and children in the uk. since 1981. After my husband retired we have travelled extensively and have been out of the uk for a period of 964 days in the past 7 years and 193 days in the past 12 months. Will I still be able to apply and get citizenship. I have passed my Life in the Uk test and the Cambridge English level one test required. Can you help?
Regards
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

How did you get right of abode in the UK?
Customer: replied 2 years ago.

My Husband was born in the UK on 6th May 1946.We were married on 22 October 1981. On 15 Dec 1981 I have a Home office Immigration stamp in my passport saying Holders stay is no longer subject to a time limit and on 23rd Feb 1982 I have a Certificate of Partiality added to my passport. This has been renewed when I have had a new passport. It was subsequently changed to Certificate of Entitlement to the Right of Abode issued on 04 May 2005 which I have in my current passport

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

You need to show that you have been residing in the UK for the last 3 years and have not spent more than 270 days out of the UK in these 3 years and that you have not been out of the UK for more than 90 days in the last year. There is some discretion around these days (e.g. up to 100 days absences per year is usually disregarded).

In your case, as you have been out of the UK for 193 days in the last 12 months, you do not meet the residence qualifying period and your application for naturalisation is bound to be refused I am afraid even though you have been resident here since 1981.

Sorry but I can only be truthful.

May I help further?
Customer: replied 2 years ago.

Thank you. If I want to qualify will it help to remain in the uk for the next 12 months (or at least have less than 90 days out) or will the total days out over the past 8 years outweigh this. Even if I dont go out of the Uk for a couple of years I would still have this large number of days out in the past 8 years which are over the proposed limit. Is it likely they could be disregarded.

Expert:  UKSolicitorJA replied 2 years ago.
The main thing is the total days out of the UK in the 3 years before your application, not the time out of the UK before that.

For example if you apply on 1st November 2014, the time out of the UK from 1st November 2011 is what matters, not the time out of the UK before 1st November 2011.

Hope this clarifies. Please leave feedback
Customer: replied 2 years ago.

Thank you for your prompt reply. In the Home Office requirement guide its states that normal absences in the qualifying period is 90 days however 100 days would be normally disregarded but if other requirements were met then 101 to 179 days would be disregarded if i can show links with the uk through family or have an established home which I do have. If I applied in November 2015 I could show total absences of 497 days in the last three years in which case they would expect that I would have lived in the Uk for 5 years in order to consider.disregarding them. Your thoughts please

Expert:  UKSolicitorJA replied 2 years ago.
It is discretionary at the end of the day but I personally think you should be fine in that case if you applied in Noc. 2015 and provided you limit your absences out of the UK until then.

All the best. Please leave feedback as your queries have been answered.
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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