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Buachaill
Buachaill, Barrister
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Experience:  Barrister 17 years experience
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I have ILR and am applying - how flexible is the 90 days in

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I have ILR and am applying for citizenship - how flexible is the 90 days in last 12 months rule? I've been out 103 days 12 months prior to the application date, adhere to all other requirements and 7 of the 103 days were for work. 4 of those days for a funeral
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Buachaill replied 8 months ago.

1. Dear Driss, the first thing is that the 90 day rule is not absolute. For example, absences for work for your employer do not count towards the 90 days out of the UK. So, the 7 days you spent out of the UK for work do not count. Similarly, if you were on annual leave for some of those days, they do not count either. However, days spent abroad for a funeral do count towards the 90 days.

Expert:  Buachaill replied 8 months ago.

2. Be aware additionally, that there is a discretion to allow citizenship if you are only slightly over the 90 days. So here, if you were only 96 days (103 less 7) out of the UK, then you will most likely qualify for an exercise of discretion to allow citizenship.

Expert:  Buachaill replied 8 months ago.

3. However, in your situation, if you left the Uk for holidays given by work, you will fall within the 90 day limit. For example, if you took a sun holiday in Turkey for two weeks some time during the year and this was part of your annual leave, you will fall within the 90 day limit as these days don't count towards the 90 day amount.

Expert:  Buachaill replied 8 months ago.

4. dear Driss, some other expert will provide you Live Phone Service as I don't provide that service. However, Please RAte the answer as unless you RAte the answer your expert does not get paid for that part of the service.

Customer: replied 8 months ago.
1. "if you were on annual leave for some of those days, they do not count either" do you mean that I can exclude some of the days of my vacation? how many days can I exclude for the past 12 months that are part of the 4 weeks per year allowed by my work? I do not see this mentioned in the booklet document below
2. "absences for work for your employer do not count towards the 90 days out of the UK" - I do not see this in the "booklet AN' document.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/529153/AN_Booklet_-__June_2016.pdfmany thanks
Customer: replied 8 months ago.
ok response via message is fine in that case
thanks
Expert:  Buachaill replied 8 months ago.

5. The rules are set out in the Immigration Rules and are similar to those which apply to calculating the continuous period of five years for Indefinite Leave to Remain. You don't get penalised for absences which occur during the ordinary life in the UK. Hence, if you are working abroad for your employer, you don't get penalised for this. Otherwise, someone whose work took them abroad on a regular basis would never get Uk citizenship.

Expert:  Buachaill replied 8 months ago.

6. The Guide AN which you have quoted to me is not fully complete of all the rules applicable to citizenship applications. It is merely a setting out of the general principles, not the detailed rules.

Buachaill, Barrister
Category: Law
Satisfied Customers: 10401
Experience: Barrister 17 years experience
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