AndyGandhi wrote:Hello Seniors / Moderators,
I have the query, with regard to my timing for British Citizenship application.
I came to UK in Oct. 2006, on work visa & then converted to Tier 1(G), in Mar 2009. I got the permanent residency in Jan 2012.
In Jan 2012, when I was awarded ILR, I had a total of 570 days, absences from UK, out of which 470 days were due to assignment outside UK, by my then British employer. Only 100 days were due to personal absences.
Due to my personal situations, I had to go out of UK in April 2012. From then on, I returned to UK, end of Dec. 2013. During this time, I was not in employment in UK & was not being paid in UK. Due to family breakdown, I did not have my family in UK. In total this absence is approx. 637 days.
My query is as under:
1) What are the chances that the absences before ILR(570) will be disregarded for British Citizenship, in case I make an application.
2) Can I make the application, after one year, so satisfy the 90 days rule in one year before the application?
3) If the absences before ILR(570) are not disregarded, when can I make an application for BC. The major absences started from June 2010, when I was assigned abroad. Then I returned to UK in Oct. 2011.
4) As per residency requirements, one has to be present in UK, 5 yrs. before the application is made. Does it mean the physical presence or the presence due to being paid in UK is also considered.
I look forward to some light on my case.
I thank in advance for the readers & people who share their experiences.
Andy
I am not a senior or a moderator but I thought I'd throw my 2 cents in as I applied for discretion with absences exceeding 450 days over the previous five year period, and my application was granted. My absences were due to holidays.
1.) Nobody can give you chances. However, your total absences over the past 5 years tallies to over 900 days (1,177 days). You might want to read:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary If you were a resident in the UK for 2 years before the 5 year qualifying period then discretion can be applied to up to 900 days so long as you meet all other requirements.
2.) You will have to satisfy the other residency requirement (e.g. no absences for more than 90 days in the 12 months before application) at the time of application. Discretion is not usually exercised for both residency requirements unless your absences are due to Crown Service or the like.
3.) As per Jambo's advice. ILR only comes into play as you're required to have it for 12 months prior to application for naturalization unless you're applying as a spouse of British Citizen (which doesn't appear to be the case here).
4.) As per VR's advice. You must have been physically in the UK five years before the date of application. Therefore, you'll be in difficulty applying for naturalization between June 2015 - October 2016 and April 2017 - December 2018 as you were outside the UK during this time.
It's a risk to apply for discretion for absences. If I remember correctly, it's the second reason that applications are refused. If you can spare the 874GBP then take the punt. However, I would think that your current chances are slim to none, and (subject to changes in law) you'll have a much better chance of applying in November 2016 where you'll only be asking for discretion for 637 days. However, you'll still be taking an expensive punt on discretion being applied.
