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PontyGuy
Newbie
Joined: 22 Jan 2010
Posts: 5
Location: Cardiff
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 Posted: Sun Oct 14, 2012 5:12 am Post subject: Residence Requirement |
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Hello All,
I need your help here as I am about to submit my AN Form.
I have been out of the country working on an IT Project for 791 days within the last 5 years, and up to 255 days within the last 1 year. I have done 6-8 weeks on site and 1-2 weeks off site.
I am wondering if my application is likely to be successful, as I am the director of my own IT company and my earnings from this contract has always formed part of the revenue for my UK company.
Please help |
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Jambo
Guru
Joined: 02 Oct 2009
Posts: 6111
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PontyGuy
Newbie
Joined: 22 Jan 2010
Posts: 5
Location: Cardiff
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| Posted: Sun Oct 14, 2012 9:19 am Post subject: |
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Hello Jambo,
Thanks for your very quick response. Perhaps if I could state more facts of the matter?
1. I have settled fully here, as I've got a kid who is British and 2 other kids who are Irish,
2. Own my own home and pay my taxes
3. My company is a UK company, although the company I worked in is not a UK company
Surely, wouldn't it be allowed on the basis that the trips were ALL business trips, and not private ones? |
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Gyfrinachgar
Senior Member
Joined: 21 Oct 2011
Posts: 433
Location: Wales
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| Posted: Sun Oct 14, 2012 9:31 am Post subject: |
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I agree, chances of success are very low. It is not the total absence, but especially the absence in the last year that will probably be prohibitive.
The leeway for the whole 5 year period (450 days official maximum) is fairly high. A caseworker can apply much more discretion for that period, especially if the applicant has established home, family and a substantial part of the estate here - which you obviously have. However, absences exceeding 180 days in the last year (90 days official maximum) should only be disregarded "in the most exceptional circumstances". Therefore, with an absence of 255 days, I would assume that you chances are negligible at this time. |
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Jambo
Guru
Joined: 02 Oct 2009
Posts: 6111
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| Posted: Sun Oct 14, 2012 9:36 am Post subject: |
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In general, unlike settlement application, for naturalisation there is no difference between business and private travel.
You can argue the nature of your work requires the extensive travel but as you don't meet the 90 days and the 450 days requirement, the application would only be approved in the most exceptional circumstances (see 5.1.5 in the link in Q3). |
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PontyGuy
Newbie
Joined: 22 Jan 2010
Posts: 5
Location: Cardiff
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| Posted: Sun Oct 14, 2012 10:26 am Post subject: |
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| Gyfrinachgar wrote: | I agree, chances of success are very low. It is not the total absence, but especially the absence in the last year that will probably be prohibitive.
The leeway for the whole 5 year period (450 days official maximum) is fairly high. A caseworker can apply much more discretion for that period, especially if the applicant has established home, family and a substantial part of the estate here - which you obviously have. However, absences exceeding 180 days in the last year (90 days official maximum) should only be disregarded "in the most exceptional circumstances". Therefore, with an absence of 255 days, I would assume that you chances are negligible at this time. |
Thanks to you and Jambo on your contributions to my post. I am very grateful to you both, much appreciated.
By February next year, the days spent outside the UK within the last 1 year would fall slightly below the 180 days threshold. Would you suggest I wait until then before submitting my application? |
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Gyfrinachgar
Senior Member
Joined: 21 Oct 2011
Posts: 433
Location: Wales
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| Posted: Sun Oct 14, 2012 10:28 am Post subject: |
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| PontyGuy wrote: | | By February next year, the days spent outside the UK within the last 1 year would fall slightly below the 180 days threshold. Would you suggest I wait until then before submitting my application? |
Once it falls below 180 days you start to have a chance, although it will still be a very slim one. You would still have to make a very compelling case to convince the caseworker. Success rates in discretion cases cannot be reliably predicted - as it is a very relative thing. You would do that at the risk of loosing over 800 pounds. It is a gamble, and I think the odds are against you (although much better than with 255 days). |
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PontyGuy
Newbie
Joined: 22 Jan 2010
Posts: 5
Location: Cardiff
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| Posted: Sun Oct 14, 2012 10:42 am Post subject: |
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| Gyfrinachgar wrote: | | PontyGuy wrote: | | By February next year, the days spent outside the UK within the last 1 year would fall slightly below the 180 days threshold. Would you suggest I wait until then before submitting my application? |
Once it falls below 180 days you start to have a chance, although it will still be a very slim one. You would still have to make a very compelling case to convince the caseworker. Success rates in discretion cases cannot be reliably predicted - as it is a very relative thing. You would do that at the risk of loosing over 800 pounds. It is a gamble, and I think the odds are against you (although much better than with 255 days). |
Thanks very much sir. I'll wait until February next year and see how it goes. Have a good day! |
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Gyfrinachgar
Senior Member
Joined: 21 Oct 2011
Posts: 433
Location: Wales
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| Posted: Sun Oct 14, 2012 10:46 am Post subject: |
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| PontyGuy wrote: | | Thanks very much sir. I'll wait until February next year and see how it goes. Have a good day! |
No need to sir me, call me Gyf. 
Best of luck with your application, and please keep us informed. That would help us to evaluate discretionary decisons and advise better in the future. |
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PontyGuy
Newbie
Joined: 22 Jan 2010
Posts: 5
Location: Cardiff
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| Posted: Sun Oct 14, 2012 10:59 am Post subject: |
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| Gyfrinachgar wrote: | | PontyGuy wrote: | | Thanks very much sir. I'll wait until February next year and see how it goes. Have a good day! |
No need to sir me, call me Gyf.
Best of luck with your application, and please keep us informed. That would help us to evaluate discretionary decisons and advise better in the future. |
Okay Gyf  I'll surely do. You guys are doing a fantastic work here, and please keep it up |
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