Advice required - discretion for absence over 100 days

In the past year I was out of UK for over 100 days and if I am to apply for discretion would my circumstances such as being married to a BC who lives in UK as well as having a 16 year old child who was born in UK and goes to school here and having a rented home help my case.

"Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate."

Don't you already have a post on a related query?

As stated in the guidance notes, your family (e.g. wife and children) here and established are good things. If your house (rented or owned) is your primary residence and in your name, that's also a good thing.

The advice you have been given in your previous posts/threads on the same question has not changed.

http://www.immigrationboards.com/britis ... ml#p976984

http://www.immigrationboards.com/britis ... ml#p976952

http://www.immigrationboards.com/britis ... ml#p976696

Thank you for your replies, I appreciate it very much. I apologize for dragging this topic but I just want to make sure I got this right. All I want to know if I am to apply for discretion do I have to satisfy all 3 requirements such as having a family, having a home and having a substantial part of estate in the UK or I can qualify with just having a family and rented home on my name in the UK.
Thank you once again.

You need to demonstrate that you have "thrown your lot" into the UK.

Everybody has an estate. So, I am assuming by your post that a substantial part of your estate does not lie within the UK. You will need to declare this and explain why your estate is structured like it is and why it does not detract from proving you've "thrown your lot" into the UK.

Also, bear in mind that you sign form AN confirming that you have provided complete and true information.

Alternatively, wait until you qualify for the 12 month residential requirement.

Thank you for answering my question and I would be very grateful if you could help me with one more issue.
The reason for my indecisiveness is that I am not sure if I was in the last year 98 days out of UK or 103 days, and that is because I can not clearly see the date on the entry stamp. There are more than hundred entry stamps in my passport.
As I do not have a boarding card or any other means to be certain of the date I can only guess.
My question is what in your opinion is the right thing to do:

a. To declare 98 days as I think that is the correct information.
b. To ask for discretion for being out of the country for more than 100 days.

I am just concerned that by not providing accurate information I might be braking the law.
Once again thank you for your help.

I cannot read some of the stamps in my passport and regarding some dates I can not be 100% certain of the exact days of absence . I don't have any other records to find out when I left or returned to the UK (ie flight tickets).
How important is to have exact dates of absence from UK?

Do your best. It should be as accurate as you can but it is not a must.

Thank you.
I would like to ask one more question if possible.
In 2 months I will be having less than 100 days absent in the last year. Right now as I far as I understand I can apply for distrection and I do satisfy all requirements such as having a family, home and substantial part of my estate here. I meet all other requirements for naturalization as well.
In your opinion what would be a better thing to do? To wait 2 months or apply now with discretion?

Depends how much over the 90 days, but if it's within the limit of discretion then I'd apply now if I met all other criteria and could demonstrate those links to the UK.

Also, any date you were in the UK (i.e. the day you left the UK and the day you arrived) are counted as being present in the UK for the entire day. It's only whole days that you are absent that you should count as being outside the UK.

When asking for discretion would this wording be appropriate in your opinion:

"I wish to state that I have made the UK my home together with my family. I have a large part of my estate in the country. In the past few months, due to the nature of my work, I had to spend several weeks working abroad."

I would be enclosing passports of my son and wife, letter from his school and a tenancy agreement which is on my name.

milan69 wrote:Thank you.
I would like to ask one more question if possible.
In 2 months I will be having less than 100 days absent in the last year. Right now as I far as I understand I can apply for distrection and I do satisfy all requirements such as having a family, home and substantial part of my estate here. I meet all other requirements for naturalization as well.
In your opinion what would be a better thing to do? To wait 2 months or apply now with discretion?

You don't need to apply for discretion if you have been abroad less than 100 days.

In the last year I was away for 120 days and in the last 3 years 278 in total.

milan69 wrote:When asking for discretion would this wording be appropriate in your opinion:

"I wish to state that I have made the UK my home together with my family - my wife and 16 year old son who are both British citizens and live in the United Kingdom. With my family, I live in a rented house/flat which is in my name. In addition, I have a large part of my estate in the United Kingdom. In the past few months, due to the nature of my work, I had to spend several weeks working abroad and therefore I am requesting for discretion to be applied with regard to the requirement to have not been absent from the country for more than 90 days.."

I would be enclosing passports of my son and wife, letter from his school and a tenancy agreement which is on my name.

I updated the wording as a suggestion.

You do not need to enclose your son's passport, letter or tenancy agreement. If they want to see them then they will ask for them. I assume you're applying as a spouse of BC so you may need to include your wife's passport - but it's not necessary to ask for discretion.

I applied for discretion on the long residency period (outside for 540 days over 5 years - most of which were holidays) and I did not include anything. The NCS said I did not need to and the Guidance doesn't ask for it.

Thank you very much, I really appreciate it.
And one last thing, since I will be filling pretty much all of the page 15 with my absences, can I write this in my cover letter?

If it was me, I'd print out another page 15 and continue onto that page.