British Citizenship - 3 year residence - What counts towards qualifying period?

Hi All

Can anyone help with our situation?

Civil Partner was here from March 10, 2010 until July 31, 2010 as a tourist stamped in at the border, then he left to go back home and arrived back again on November 1, 2010 under our PCP Visa.  He was granted FLR(M) on November 26, 2010 and that means he can apply for ILR 28 days before expiry on November 26, 2012.

My question is when can he apply for British Citizenship?  I know he first has to have ILR.

I thought that his time as a tourist from March to July would could towards the qualifying residence period and as long as he wasn't out of the UK for 270 days or more which he hasn't been.  He's had a 2 week holiday last year and will again this year but days outside won't tot up to 270 days.

So I guess he can apply in March 2013.  Is that correct?

Can someone point me in the right direction of any literature on the UKBA website that can spell all the requirements of time that counts towards the qualifying period?  I couldn't find anything and it's like some kind of maze to find your way around.

Thanks all in advance for your help and guidance.

So I guess he can apply in March 2013.  Is that correct?

Yes, this is correct.

As long as he can prove he was physically inside the UK exactly 3 years prior to the citizenship application date, and he hasn't been outside the UK for more than 270 days in the 3 years, he can apply on March 10th 2013 (or any date between March 10th and July 31st 2013. Any later than this though, and he will have to wait until November 1st 2013 to apply because he won't have been in the UK between August 1st and October 31st 2010).

Can someone point me in the right direction of any literature on the UKBA website that can spell all the requirements of time that counts towards the qualifying period?  I couldn't find anything and it's like some kind of maze to find your way around.

Here you go (this is all that is published about it as far as I know): http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

From that page:

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.

Thanks for your reply.

I couldn't see where it defines "Residential Qualifying Period" and where it says that time as a tourist or any other time in the UK will count towards the calculation of this period.

Does UKBA state this anywhere?

Thanks again

Thanks for your reply.

I couldn't see where it defines "Residential Qualifying Period" and where it says that time as a tourist or any other time in the UK will count towards the calculation of this period.

Does UKBA state this anywhere?

Thanks again

I think this is one of those things that are not stated explicitly in any of UKBA's literature, but are true nonetheless.  I can tell you anecdotally that I was in the UK as a tourist from February to April 2008 and I applied for citizenship in April 2011, and was approved.  I know of several other people who have used time on a tourist visa towards the citizenship qualifying period as well.  It can definitely be done.  If you're still in doubt, use the Nationality Checking Service.  They can tell you if there's anything wrong with your application before you submit it and pay the fee. 

I have just found this document, in the Policy and Law section: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/nationalityinstructions/nichapter18/ch18annexb?view=Binary

In it, it says:

Section 2.3:

Physical presence here is normally sufficient for the purpose of the Act. The applicant does not have to have been ordinarily resident or domiciled here. Normally, an applicant is to be regarded as present in the United Kingdom unless physically absent; but in certain circumstances, the Act requires periods of physical presence to be treated as absences (see paragraph 9 below

And Section 9.1:

Normally, all the time that applicants are physically present in the UK should be counted as residence.

So, you just have to meet the requirements that:

- you have ILR
- you were in the UK exactly 3 years before applying
- you have not spent more than 270 days outside the UK in the 3 years

Just below the section I quoted, it states that they count the residential period from the date they receive your application and if you cannot prove you were in the UK exactly 3 years prior to that date, your application will be refused. They do not say what type of immigration status you needed to have, just that you had to be in the UK on that date.

As historyenne said, there are a number of members of the forum who have successfully applied for citizenship using time spent here as a visitor to count towards the 3 years.

Thanks to the both of you for your help.

That's certainly put my mind at rest.

Take care

Could any you tell me if that 270 days is consecutive or total number??

Could any you tell me if that 270 days is consecutive or total number??

Total number.

It's 270 days total in the 3 years, but no more than 90 of those days can be in the last 12 months before applying.

They count each full day outside the UK, but not the days you leave and return (because you are physically present in the UK for part of those days).

So, say for example, you left the UK on Monday morning and returned to the UK on Friday evening, that would only count as 3 days outside the UK (Tues, Wed and Thurs).

Wow that's amazing! I'm gonna have to do some math but I think I'm good. Thanks for clearing that up!!

hello! i have the same issue about it i dont know when is the qualifying period starts, is it on the date the "further leave to remain" (FLR) was issued or from ILR was issued. I had my FLR in May 2010 and changed to ILR after two years which is i have ILR now for more than a year and been in the country since November 2009. If your partners application approve early this year so i have chance myself too.
hoping for your eager respose.

hello! i have the same issue about it i dont know when is the qualifying period starts, is it on the date the "further leave to remain" (FLR) was issued or from ILR was issued. I had my FLR in May 2010 and changed to ILR after two years which is i have ILR now for more than a year and been in the country since November 2009. If your partners application approve early this year so i have chance myself too.
hoping for your eager respose.

It's neither - it's when you first entered the UK on ANY visa. You just have to show you were physically in the UK on that date 3 years ago, you have not been outside the UK for more than 270 days, and that you hold ILR when you apply.

You reached 3 years in the UK in November 2012 and I'm assuming you had your ILR by then, so you could have applied for citizenship over a year ago.