UK Immigration Office
Immigration Advice 020 7237 3388
Immigration Advice
Same Day Services
Complex Cases
Sponsorship Licence
UK Visas
Visiting the UK
Studying in the UK
Working in the UK
Temporary Workers
UK Residency
British Citizenship
Citizenship
Other British nationality
Right to live in the UK
Eligibility
Naturalisation
Standard requirements Partner of a British citizen Immigration time restrictions Absences from the UK Registration
Children
Stateless people
Good character
Sound mind
Applying
Giving up nationality
Unsuccessful application
Dual nationality
Removal of citizenship
British passport
European Citizens
Managed Services
Partners and Families
Careers with ICS Legal
Around the Globe

 
 

 

extended validation certificate




During the residential qualifying period you must not have been absent from the United Kingdom for more than 270 days in the last three years. You must not have been absent for more than 90 days in the last 12 months.

There is discretion to allow absences above the normal limits. For details of how we apply discretion, you should read the page on discretion when considering absences from the United Kingdom during the residential qualifying period.

Crown and designated service

If you are applying on the grounds of your husband's, wife's or civil partner's crown service rather than your residence in the United Kingdom you must show that:

  • one the day you apply your husband, wife or civil partner is working outside the United Kingdom in crown or designated service; and
  • your husband, wife or civil partner was recruited to that service in the United Kingdom; and
  • your naturalisation would be in the interests of your husband's. wife's or civil partner's employing organisation; and
  • if you are in the United Kingdom on the day you apply you must not be subject to time restrictions; and
  • you were not in breach of the United Kingdom immigration laws during the three years immediately before applying; and
  • your marriage or civil partnership has lasted more than three years.

Marriage or civil partnership to a British citizen in crown or designated service is an alternative only to the residence requirements for naturalisation. You must still meet the other requirements for naturalisation.

Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Irish Republic, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom. Iceland, Liechtenstein and Norway are not members of the European Union (EU) but citizens of these countries have the same rights to enter, live in and work in the United Kingdom as EU citizens.Leave to remain is permission to stay in the United Kingdom, either temporarily (limited leave to remain) or permanently (indefinite leave to remain).  Working in the direct employment by the United Kingdom Government, the Northern Ireland Government, the Scottish Administration, the Welsh Assembly Government (from 6 November 2009) or, on or after 21 May 2002, the governments of the qualifying territories. (See Qualifying territory.) This does not include someone who is subcontracted on government projects or in the service of Crown servants, such as Royal Navy laundrymen or teachers working in schools on British bases. You meet the requirements to apply.This page explains how we can use our discretion to disregard immigration time restrictions during the last 12 months of the residential qualifying period when considering applications for naturalisation as a British citizen.

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application. If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

  • you had been free from immigration time restrictions for at least 12 months by the time we consider your application; or
  • we had placed a time limit on your stay when we should not have done when you returned to the United Kingdom after a visit abroad; or
  • the time restriction was in place for less than 10 days at the beginning of the 12 month period; or
  • you can show you have established links to the United Kingdom though your home, family and larger part of your estate;
  • you can show you have established links to the United Kingdom though your home, family and larger part of your estate; and
  • there are compelling business or compassionate reasons to approve your application; or
  • you have established links to the United Kingdom though your home, family and larger part of your estate; and
  • there are compelling business or compassionate reasons to approve your application; or
  • you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault; or
  • you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain.

This means we can consider the particular circumstances and in special cases grant an application. This page explains how we can use our discretion when considering absences from the United Kingdom during the residential qualifying period when considering applications for naturalisation as a British citizen. Home Office normally disregard absences of up to 300 days.

Home Office will disregard absences of up to 540 days only if you meet all the other requirements and have established your home, family and a large part of your estate here. Home Office would also expect that:

  • for absences of up to 450 days, you have been resident in the United Kingdom for the last four years; or
  • for absences over 450 days, you have been resident in the United Kingdom for the last five years; or
  • the absences were due to you serving abroad in crown service or due to your husband, wife or civil partner serving abroad in crown or designated service; or
  • the absences were unavoidable due to the nature of your work. For example if you are a merchant seaman or work for a United Kingdom based business which requires frequent travel abroad; or
  • there are exceptional or compelling reasons of an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement.

Absences in the final year are considered in the following way.

  • If the total is up to 100 days, we normally disregard the absence.
  • the residence requirements over the qualifying period are met; and
  • you have demonstrated a link with the United Kingdom by establishing your home, family and a large part of your estate here.
  • you have demonstrated a link with the United Kingdom by establishing your home, family and a large part of your estate here; and
  • the absence was due to you serving abroad in crown service or due to a compelling occupational or compassionate reason.
  • the residence requirements over the qualifying period are met; and
  • you have demonstrated a link with the United Kingdom by establishing your home, family and a large part of your estate here; and
  • the absence was due to you serving abroad in crown service or due to a compelling occupational or compassionate reason.
  • If the total is over 180 days and you have not met the residence requirements over the qualifying period, we would only consider disregarding the absence in exceptional circumstances.

 
 
 



©2011 Copyrights ICS LEGAL | All rights reserved | UK immigration advice | Marriage Visa | British Citizenship | Tier 1 HSMP | www.icslegal.co.uk