If you want to get British Citizenship then lifeintheuk test is a must (special circumstances do exist, but not applicable in your case I guess).

There are exemptions upto 900 days in the past 5 years. Read the Guide (Page 19, section 3) for details.

http://www.ind.homeoffice.gov.uk/6353/11406/134812_AN_Guide_A4_36pp.pdf

If you cant download the document, please let us know & we will be happy to paste the contents here.

 

Could you clarify - when exactly did you leave the UK?

paul

I left the UK in April 2004 .

My application for citizenship was sent to the Australian High Commission in August 2006, at which point I had been absent from the UK for a total of 859 days in the past five years. Unfortunately, although I fulfilled all of the requirements according to the official British High Commission website, I have been contacted by the High Commission to advise that the website was not up-to-date with the latest requirements, specifically the need to complete a Life in the UK test before my Application is submitted. I was also advised that this test needs to be taken in the UK. I will be able to return to the United Kingdom at the beginning of October this year to complete the test, however this will delay the date of my formal submission, meaning I will have been absent from the UK for more than the maximum 900 days.

Frankly, I'd be astonished if your application were to succeed. Bear in mind that there are two sets of "absence" criteria here:

• you should normally have been outside the UK for not more than 450 days in the whole five year residence period, AND
• not more than 90 days in the 12 months leading up to the date of application

From what you say, you haven't been in the UK for 365 days in the last 365, and it would be remarkable in the Home Office didn't seize on this.

Leaving aside the residence requirements, the Act also requires that you intend to continue to have your home in the UK. I wonder whether, in the circumstances, the Home Office will even consider that you have your home in UK, let alone that you intend to continue to have it.

Finally - nothing to do with naturalisation - I think you would be wise to check with the Immigration side of the British High Commission in Canberra as to whether you still have the ability to return to the UK to live, should you decide to. It is my understanding that ILR falls away after two years absence from the country, so you may find that you need a visa.

paul

first of all I have been in the UK couple of time in last 2 years...

My absence here in Australia is totaly for work reasons...I am on a assignment here for big very well known British engineering company...I don't really see any reason to loose my rights in the UK...

Do you know what the chances are of having an application for UK citizenship accepted when I have been outside the UK for over 450 days for business reasons (sent to work for a "temporary" assignment overseas for a British company)?

I was resident in the UK nearly 6 years with permanent residency for 4 years before I was sent to work in Australia. My company is willing to confirm that I have been here as a requirement of my job, but the British High Commission here thought that would not be enough to qualify for the exemption because I am not in government or crown service.

Can anyone advise, as I am planning to return to the UK to take the lifeintheUK test as long as my application has a chance of being successful.

Thanks

How will you be absent from the UK for more than 900 days?

If you can post your dates of absences from UK (past 4 years only) then we can work this out.

Note : When you come back to UK, you have to be here for another 1 year (less 90 days) before you can apply for your citizenship. During this time you can pass the Lifeintheuk test.