PDA

View Full Version : Over 90 days Out of UK



Flip
11th Feb 2008, 14:15
My wife is currently in Thailand on an extended visit following the death of her mother on January 4th. Before having to rush over there she was dead set on applying for British citizenship this year and I'm sure that when she returns it will once again be her goal.

However, she had about 3 weeks in Thailand last September and the current visit will be around 10 weeks (return ticket booked and cannot be changed). The requirement regarding time spent out of the UK over the 3 years immediately prior to applying for citizenship is as I understand it - 270 days maximum with no more than 90 days in the final year. I don't have her passport to hand to do the maths but I'm pretty sure she's going to have had around 95-100 days out of the UK in the final 12 month period.

I've heard it mentioned that in certain circumstances there may be some flexibility regarding the time spent out of the UK.

The reason for my wife's extended stay is that between them, my wife's mum and sister, took care of my wife's 6 year old son. Her sister suffers from a chronic illness and the death of my mother in law did nothing to help this. My wife therefore decided to take some of the pressure off her sister and stay a while to take care of her son.

This would appear to be good grounds for some flexibility to my way of thinking - has anyone any experience of making an application for citizenship when the 90 day rule has not been met?

Also - should my wife be successful in obtaining British citizenship and following that our plans change so that we don't live in the UK for a few years, would my wife's passport remain valid? I've heard of something called 'returning resident' status - does that apply to UK passport holders or just those on long term visas?

Flip
11th Feb 2008, 14:15
My wife is currently in Thailand on an extended visit following the death of her mother on January 4th. Before having to rush over there she was dead set on applying for British citizenship this year and I'm sure that when she returns it will once again be her goal.

However, she had about 3 weeks in Thailand last September and the current visit will be around 10 weeks (return ticket booked and cannot be changed). The requirement regarding time spent out of the UK over the 3 years immediately prior to applying for citizenship is as I understand it - 270 days maximum with no more than 90 days in the final year. I don't have her passport to hand to do the maths but I'm pretty sure she's going to have had around 95-100 days out of the UK in the final 12 month period.

I've heard it mentioned that in certain circumstances there may be some flexibility regarding the time spent out of the UK.

The reason for my wife's extended stay is that between them, my wife's mum and sister, took care of my wife's 6 year old son. Her sister suffers from a chronic illness and the death of my mother in law did nothing to help this. My wife therefore decided to take some of the pressure off her sister and stay a while to take care of her son.

This would appear to be good grounds for some flexibility to my way of thinking - has anyone any experience of making an application for citizenship when the 90 day rule has not been met?

Also - should my wife be successful in obtaining British citizenship and following that our plans change so that we don't live in the UK for a few years, would my wife's passport remain valid? I've heard of something called 'returning resident' status - does that apply to UK passport holders or just those on long term visas?

Flip
11th Feb 2008, 14:20
A little search on google answered my last question - I thought I would post it in case anyone else wants to know the same.

"Position of British Citizens
All British citizens have a right of abode in the U.K. They are absolutely free to live abroad as long as they want and on their return to the U.K. they must be admitted at any time without any hindrance. The returning resident rule does not apply to British citizens and all those who have the right of abode: it applies only to those returning residents who have no right of abode."

http://www.iasuk.org/C2B/document_tree/ViewADocument.asp?ID=75&CatID=1

Vinny
11th Feb 2008, 15:47
Originally posted by Flip:
I've heard it mentioned that in certain circumstances there may be some flexibility regarding the time spent out of the UK.

See also Chapter 18: Naturalisation at discretion (http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/) > Annex B: The residence requirements (http://www.bia.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexb?view=Binary) (5. Excess absences in the final year)

Flip
12th Feb 2008, 10:42
Thanks for that Vinny - set my mind at ease.

KhunIanB-UK
12th Feb 2008, 17:02
Flip,

I would recommend to all thinking of a future application to look at the forms and requirements as soon as you can and seeing what you need to complete them.

Citizenship (http://www.bia.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/)