Immigrationboards.com

Hi all,
I have a quick question regarding the interpretation of the http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Specifically section 4.12 on discretion for excess abscences where it states that to disregard ones abscences they expect 2 years prior to the 5year qualifying period.
My question is does this then mean that if you have high abscences they will now require that you have been based here for 7 years and not six for citizenship?
Also the several conditions for discretion had OR at the end of each section impling that you only need to meet one of the conditions but at the end 4.1.3 it says that they will only use discretion if you meet all the above conditions??
Appreciate if the gurus can throw some light on the above. I hope its clear though.

Thanks for reading and responding!

Cheers
prince

prince12 wrote:My question is does this then mean that if you have high abscences they will now require that you have been based here for 7 years and not six for citizenship?

Yes - that is one of the options but there are other options listed.

prince12 wrote: Also the several conditions for discretion had OR at the end of each section impling that you only need to meet one of the conditions but at the end 4.1.3 it says that they will only use discretion if you meet all the above conditions??

Just one of the OR options ((a/b/c/d) but also the conditions set in the beginning of the section i.e.

4.1.2 wrote:the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here.

Yes - that is one of the options but there are other options listed.

prince12 wrote: Thanks Jambo, still on this option what will the term substanial absence during the prior 2 years mean? 100days, 80days etc?

Just one of the OR options ((a/b/c/d) but also the conditions set in the beginning of the section i.e.

4.1.2 wrote:the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here.

[/quote]
So the plural used is referring to just one of the options plus the 4.1.2 criteria? Thanks for that. It reads almost as if they where expecting all of the conditions to be met....
Thanks for clarifying that.
Do you think that the more of the conditions one meets the better the chances of getting dicretion?

Cheers
Prince

prince12 wrote:Yes - that is one of the options but there are other options listed.

prince12 wrote: Thanks Jambo, still on this option what will the term substanial absence during the prior 2 years mean? 100days, 80days etc?

No idea.

Just one of the OR options ((a/b/c/d) but also the conditions set in the beginning of the section i.e.

4.1.2 wrote:the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here.

So the plural used is referring to just one of the options plus the 4.1.2 criteria? Thanks for that. It reads almost as if they where expecting all of the conditions to be met....
Thanks for clarifying that.
Do you think that the more of the conditions one meets the better the chances of getting dicretion?

It does sounds logical but I have no idea. At the end of the day, it is the CW discretion based on an overall review of your application.


How many absences are you talking about? Are they spread across the whole 5 years or are they in a particular year?

How many absences are you talking about? Are they spread across the whole 5 years or are they in a particular year?[/quote]

Well i expect to have around 540days absence by the time i apply, and they were mainly within the first two years of the 5year qualifying period if they go as far back as past 7years there are some abscences in the middle 3years...i.e came here 2005(student)...WP(2006)...absences started in 2007 and continued till 2009 then from 2010 upto 2012 or early 2013 when i intend to apply no real absence just 15days in june this year. Most of the absences are mainly work related and i have already proved that to HO during ILR u remeber my ILR case? 800days sucess in solihull?
based on the above scenario what is your take?

Thanks a million

prince

The rules for ILR and naturalisation are different and having discretion applied in one is not a guarantee it will happen again.

Do you meet that "applicants have established their home, family and a substantial part of their estate here." requirements? Mainly have you bought a house in the UK? Are your family living with you in the UK?

Another option would be to wait a few more months to reduce the absences to 480 days which are normally disregarded.

Jambo wrote:The rules for ILR and naturalisation are different and having discretion applied in one is not a guarantee it will happen again.

Do you meet that "applicants have established their home, family and a substantial part of their estate here." requirements? Mainly have you bought a house in the UK? Are your family living with you in the UK?

Another option would be to wait a few more months to reduce the absences to 480 days which are normally disregarded.

Yeah i understand that ILR and naturalisation are different hence my trying to understand the rules for naturalisation.

I do meet the requirement of establishing a home and family here, i do have a house in the UK and my wife and daughter(who is already a british citizen) are here with me. I have also set up a company here and have bought another property as an investment via my company(meeting i hope the estate requirement) wife is also settled here and working as a doctor for the NHS.

I am aware of the option of waiting to reduce it to 450days but will prefer to get it early as there are some business opportunities i had like to pursue which will require travel etc.
Also due to the nature of my prior abscences, trying to wait will more or less mean waiting till the end of next year in a bid to meet the present in UK five years from the date of application criteria...

So what do you think? do you think i have a good chance of getting discretion? also what exactly is the residence questionaire about and do we have much instances of it being used before discretion on the forum?

Thanks for your help

prince

On the face of it, you would probably be fine. 540 absences are not significantly above the requirement.

Another option would be to ask in a cover letter for your wife application to be considered first (if you apply together) and then for your application to be considered as a spouse of BC so only required 270 absences in 3 years which you should meet.

Never saw an example of the residence questionnaire but I don't think it will come to it. As I said, 540 days are not a lot above the threshold.

You might find it tricky to apply via NCS (they are likely to ask you to sign a form that you are aware you don't meet the requirements) but on the other hand you can ask them during the appointment to get a CW advice on the case.

Jambo wrote:On the face of it, you would probably be fine. 540 absences are not significantly above the requirement.

Another option would be to ask in a cover letter for your wife application to be considered first (if you apply together) and then for your application to be considered as a spouse of BC so only required 270 absences in 3 years which you should meet.

Never saw an example of the residence questionnaire but I don't think it will come to it. As I said, 540 days are not a lot above the threshold.

You might find it tricky to apply via NCS (they are likely to ask you to sign a form that you are aware you don't meet the requirements) but on the other hand you can ask them during the appointment to get a CW advice on the case.

Thanks Jambo, but i will be qualifying before wife as she is just here for three years by next year so she will be applying as spouse of BC if mine goes through...i had considered joint application and covering letter asking hers be treated after mine but i dont want to complicate an already complicted apllication any further so she will have to apply after i have hopefully gotten mine....just have to pay the extra bucks... i will take your advice on the CW advice during NCS appointment

Thanks
Prince