Uk Settlement...absences From The U K Before The Residential Qualifying Period.

[rawhod]

I can understand the following residential requirements for the final three years of the five year period before an application for naturalisation.

Quote:-

Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

• have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
  
• have been present in the United Kingdom three years before the date of your application; and
  
• have not spent more than 270 days outside the United Kingdom during the three-year period; and
  
• have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
  
• have not been in breach of the immigration rules at any stage during the three-year period.
  

However, what are the residential requirements for the first two years?

The only thing I can find, refers to EEA nationals and Swiss nationals.

Quote:-

"European Economic Area nationals and Swiss nationals

If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.

If you have been outside the United Kingdom for six months or more in any one of the five years of the residence period you will have broken your residence. This does not apply if:

• the absence was due to military service; or
  
• all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.
  

If you leave the United Kingdom for a continuous period of two years or more you will lose your permanent residence status.

If you have indefinite leave to remain (ILR) in the United Kingdom you will be considered settled providing you have not been away for two years or more since you received ILR."

NB..quotes from UK Border Agency "Requirements for naturalisation if you are married to or the civil partner of a British citizen"

[7by7]

If you are asking about the residential period for naturalisation then it is only the three years prior to applying which are taken into account.

The residential requirement for ILR is that the applicant must be a UK resident. There is no maximum time allowed out of the UK whilst qualifying for ILR, but obviously if an applicant spends more time out of the UK than in it may be difficult convincing the UKBA that they are in fact a UK resident!

[rawhod]

Thanks 7by7...I am confusing ILR and Naturalisation.

The English and Life in the UK requirements are the same for both (?)... However, Naturalisation has specific Residential Qualifying Period absence limitations...

..ILR does not, (but, as you say, too much time out of the UK would be a problem)...am I correct?

Edited September 10, 2012 by rawhod

[7by7]

On the residential requirements; yes.

Having satisfied the knowledge of life and language requirement in order to obtain ILR there is currently no need to do so again for naturalisation.

However the KOL requirement for ILR changes in October 2013 when an ESOL with citizenship course will no longer be acceptable, applicants must pass the LitUK test, and a speaking and listening element is added. Whether this will be required for those who obtained ILR before that date when they apply for citizenship, I don't know. Watch this space.