Immigrationboards.com

Hello Gurus and Members,

I got my ILR in Feb 2012 and due to apply for naturalisation in coming Feb 2013. However, I have following queries in regards to Days out of UK.

Date Left UK Date Entered UK Outside UK Days
21/03/2008 24/03/2008 3
10/06/2008 14/01/2009 218
07/01/2010 31/01/2010 24
12/01/2011 09/02/2011 28
28/07/2011 18/08/2011 21
15/03/2012 01/05/2012 47

As you can see I in last 5 Years I meet the requirement of not being out of country for more than 450 Days and in last year no more than 90 Days.

But I have one break which was for 218 Days, will this cause an issue in my naturalization application. FYI got the ILR as dependent so this days out of UK was not issue when applied for ILR.


Please advise

You should be fine as you are within the limits.

Hi CR001,

Thanks for your reply and encouragement.

Does anyone else has such an experience, just want to make sure that I don't end up in delay or refusal.

Please advise.

NewtoThis,

I'm copying a reply I sent to someone else a few months ago, they had a similar query to you and my situation was the same:

quote:

Our numbers of days away were very high for a number of reasons. I got my UK work permit while assigned by company to Egypt. So, at the time of ILR, the first 2 yrs of the 5 yr qualifying period were spent almost exclusively abroad (650+ days abroad just in that 2 yr period, then holidays etc for the 3 yrs I had was back in the UK). At the time of ILR, I got my company to issue a letter to the effect saying I was away on company business and we didn't have any issue getting ILR.

A year later, at the tile of BC, the first yr of that 2 yr period was out of the qualifying 5 yr period, so, I clocked in barely, at 446 days abroad; my wfe was still 670 days away in the 5 yrs priot to BC application. Not only that, she was also away more than 90 days in the last yr prior to BC application.

The NCS lady called the Home Office while we were there and came back and recommended we withdraw her application as she was not meeting two criteria. I said, both of these are discretionary, to which she was case for discretion gets weaker as u start not complying with more than one condition.

I said I'm willing to take the risk, the worst case is I'll lose her application fee. She made us sign two pieces of paper stating the risk has been explained to us and we accept it.

On her application paper, on the last page I think, I put down the following (I'm copying what I wrote on her application:
Quote:
Absences from the UK during the qualifying period, totalling 679 days, due to:

1) Accompanying husband to Gypt due to work requirement
2) Visits back to Pakistan to take care of ailing mother
3) My first pregnancy had to be delivered in Pakistan due to not having any family support available in the UK

All other requirements are fully met, additionally

1) We own our own home in the UK
2) My husband is in full time permanent employments since 2004 and we're fully established in Aberdeen


But, I wouldn't go that far and just apply - you would be OK.

Does anyone else has such an experience, just want to make sure that I don't end up in delay or refusal.

Your day count is slightly wrong, but doing the count correctly lowers your day count. For example you say "21/03/2008 24/03/2008 3 ", but in fact that is just two days! You do not count the day you left the UK, nor the day you arrive back. You only count the days you were totally out of the UK, and as regards that trip, that is just the 22nd and the 23rd ..... 2 days.

Clearly the total day count is far less from 450, so why are you worrying? You have clearly passed this particular test.

Thanks John and ILR_Applicant_UK for the clarification.

I hope everything goes well!


Thanks again,