Immigrationboards.com

Hello

I have a query regarding the UKBA's use of discretion in determing whether the residence requirement has been satisfied.

I meet all requirements to become naturalised and the residence requirement over the 5 year period before the date of application (ie not absent for more than 450 days in the qualifying period).

However, in the year before the date of application, I will be absent for around 120 days which falls outside the 90 day requirement.

Therefore, I will be relying on the UKBA's discretion as per the Form AN Guidance which states that absences up to 179 days are normally disregarded only if all other requirements are met (which in my case, they are) and "you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate."

I would love to hear from anyone who has (successfully or unsuccessfully) used this route. I own a flat in London and have a family member (who is also now naturalised as a Brit) living here - will this be satisfactory to meet this criteria?

Any thoughts gratefully received.

regards, Erica

With 120 days, I would think discretion would be applied. Attach evidence to the application that you own a flat / mortgage payments. Add a cover letter to demonstrate you meet the discretion points.

Alternatively, wait a few months until the absences are below 90 days.