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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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My current immigration status in the UK is Indefinite Leave

Resolved Question:

My current immigration status in the UK is Indefinite Leave to Remain and it has been over 12 months since I got my ILR. I would like to apply for citizenship soon. However, I believe there are two other requirements regarding days in UK which must be fulfilled:
1.From date of application, looking back 5 years, no more than 500 days should have been spent outside the UK.
2. Looking back last 12 months, no more than 90 days should have been spent outside UK.
In the last 12 months, however, I have been studying abroad so have been outside for majority of the year. So my first question is, can I still apply for citizenship as an exceptional case as I was studying abroad?
If not, I would look to come to to UK and travel less than 90 days for a year. However, does travel days include travel for work?
Submitted: 10 months ago.
Category: Law
Expert:  Buachaill replied 10 months ago.

1. Dear Kushal, I regret to say that there are no exceptional cases allowed for individuals who have been studying abroad, when it comes to computing the period you have been abroad. You will have to come back to the UK and live in the UK for the necessary year and then apply for citizenship. It will not be possible to apply if you have been abroad for a long period of time studying.

Expert:  Buachaill replied 10 months ago.

2. In relation to your second question, if you have a British employer and you have to travel abroad for work, then days spend abroad working do not constitute days out of the UK for citizenship purposes. However, the travel must definitely be for work reasons and for a Uk employer. The preferable situation would be if you could work in the UK for a year and apply for citizenship. It avoids the difficulties of proof involving in showing you were abroad for work purposes.

Expert:  Buachaill replied 10 months ago.

3. Please Accept or Rate the answer as unless you Accept or Rate the answer your Expert will receive no payment for answering your question.

Customer: replied 10 months ago.
Ok, understood. Is there absolutely no leeway to the 500 days limit?
Customer: replied 10 months ago.
Does it help if my brother is a U.K. Citizen? Can I apply through a different route?
Expert:  Buachaill replied 10 months ago.

4. I regret to say it makes no difference that your brother is a UK citizen. That does not help you one iota. These are the rules and you must comply with the rules. There aren't any derogations. You simply have to comply.

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