Immigrationboards.com

Dear Friends,

I want to apply for naturalization but my absences are way more than 450 leaves disregarded so need comments from experienced people to decide whether I should put forward my application or not.

Below are the major points:

First Arrived: Nov 2005
Received ILR: Jan 2011
Left UK due to personal reason: Jun 2011
Came back again: Jan 2013
Current Visa: ILR Settlement

In between, I also had short absences but the most significant one is from Jun 2011 to Jan 2013 when I was working in India. So I have calculated my total leaves in last 8.5 years (since Nov 2005) and the total is 763

So that's my concern. AN guide says normally disregarded leaves are 480. But it is also mentioned that if absences are more than 730 then they expect applicant to live in UK for 8 years. I meet this criteria. But another condition is that you should have established your home, family and a substantial part of your estate here. By this condition do they mean any property? I live with my wife here but I got married 3 months back only and I don't own any property here.

So I would love to have expert opinions on this. Should I make an application now? OR should I first try to purchase a property first and then apply? Would that make any difference in my application if I purchase property now just before I make an application?

Please advise. Many thanks in advance for all your help.

Absences normally
disregarded only if:
a) you meet all other
requirements; and
b) you have established your
home, family and a
substantial part of your
estate here.
900 days
Please note: if your
absences are up to 730
days we would expect you
to have been resident in
the UK for the last 7 years.
For absences exceeding
730 days we would expect
you to have been resident
in the UK for the last 8
years unless the absences
were a result of one of the
reasons detailed in section
5A1 below.


Regards

You don't have to own property but most of your estate should be in UK.
Your absences are very high but they do fall within a limit, so if you can not wait 2 more years and have 900 pounds to spare than you have a chance in my opinion. Having made UK your home, established a family here and have most of the estate here quite helps your case if applying for discretion.
How many absences do you have in the final year?
Do you live in rented property under your name?
Also have in mind that your ILR will be taken away if you were continuously absent for 2 years.

Thanks for your response.

If I don't have to own property then what do we mean by most of estate in UK? Does it mean bank balance? what should I show as my estate in UK?

I have 44 days absence in last 1 year so I meed this criteria.

Yes, I live in rented property under my name.

Thanks for reminding about ILR, I am aware of this rule. It happened just once, won't do it again without getting citizenship

I meet all other criteria, it's just that last 5 year absences are too high. And that's what stopping me from applying straightaway.

I can wait for some time but my concern is even if I wait for 2 more years, then number of absences will still be high. I left on 15/06/2011 on long absence and came back on 22/01/2013. So either I apply before 14/06/2016 (as you have to physically here 5 years back when you put your application), even then also my absences will be high (they are 630 now and would be some more in next 2 years). OR I wait for 3 years and apply after 22/01/2018 (5 years after I came back again on 22/01/2013) then my absences will definitely be less than 450.

I won't be able to apply between 15/06/2016 and 21/01/2018 as I wasn't here in UK 5 years back from the application date.

My current last 5 years absences are 673 (From Jun 2009 to June 2014). So it won't help me much if I apply after 2 year in 2016 as amount of absences will be pretty much same.

The best case scenario for me would be to wait for another 3.5 years and apply in Jan 2018. I will hopefully meet all the criterias then but you never know what might happen in future.

What would you suggest me to do now? Do you agree with my point of view?

Thanks for your help.

Personally, I would apply and see how it works out since I think you have a descent chance.
Estate means all your belongings and possessions like car, savings, personal things, etc..
Living in rented property is perfectly acceptable and with having family living here improves your chances quite a lot.

Thanks for reminding about ILR, I am aware of this rule. It happened just once, won't do it again without getting citizenship

I am not exactly sure but I think border officials can still take away your ILR if they see you have been previously absent from UK for more than 2 years and I suggest you open a new thread and see what senior members think.

Hi,

I have now decided to go ahead with the application. Let's see how it turns out.

I have couple of queries now:

1. Section 2 Residence requirements - What reason I should put in column 2 for my long absence of 586 days? What should be the appropriate reason?

2. Since I don't meet residence requirements and am applying for discretion, what details I should put in 6.8 in section 6? what should I mention under special circumstances to make my case stronger?

Thanks for your help.

Regards,

1. For my absences I've put holiday and business as reason.
2. This is was my statement on page 15:
"I wish to state that I have made the UK my home together with my family - my wife and my son who are both British citizens and live in the United Kingdom. With my family, I live in a rented house which is in my name. In addition, I have a large part of my estate in the United Kingdom. In the past few months, due to the nature of my work, I had to spend several weeks working abroad and therefore I am requesting for discretion to be applied with regard to the requirement to have not been absent from the country for more than 90 days in the final year."

Hope it helps.

gaurjai wrote:Thanks for your response.

If I don't have to own property then what do we mean by most of estate in UK? Does it mean bank balance? what should I show as my estate in UK?

I have 44 days absence in last 1 year so I meed this criteria.

Yes, I live in rented property under my name.

Thanks for reminding about ILR, I am aware of this rule. It happened just once, won't do it again without getting citizenship

I meet all other criteria, it's just that last 5 year absences are too high. And that's what stopping me from applying straightaway.

I can wait for some time but my concern is even if I wait for 2 more years, then number of absences will still be high. I left on 15/06/2011 on long absence and came back on 22/01/2013. So either I apply before 14/06/2016 (as you have to physically here 5 years back when you put your application), even then also my absences will be high (they are 630 now and would be some more in next 2 years). OR I wait for 3 years and apply after 22/01/2018 (5 years after I came back again on 22/01/2013) then my absences will definitely be less than 450.

I won't be able to apply between 15/06/2016 and 21/01/2018 as I wasn't here in UK 5 years back from the application date.

My current last 5 years absences are 673 (From Jun 2009 to June 2014). So it won't help me much if I apply after 2 year in 2016 as amount of absences will be pretty much same.

The best case scenario for me would be to wait for another 3.5 years and apply in Jan 2018. I will hopefully meet all the criterias then but you never know what might happen in future.

What would you suggest me to do now? Do you agree with my point of view?

Thanks for your help.

Hello gaurjai / Seniors,

My case is very similar to Gaurjai, in terms of absences for BC. I am looking forward to apply for BC, at the earliest, I am allowed for a successfull application. Below are the important dates for my case:

First Entry to UK: Oct. 2006
Went on business assignment abroad: Jun 2010 till Oct. 2011, came to UK within every 90 days( for UK employer, paid in UK with full tax paid to HMRC)
ILR : Jan 2012 (Absences at ILR 570 out of which 471 business & 99 days personal). ILR stamped on same date.
Went to India : April 2012 (family reasons)
Came to UK: Dec. 2013 (Returned after 627 days, due to family issues related to divorce case in India, for court hearing etc)
My absences after Dec. 2013 till Jun 2015 are only 60, due to business / personal reasons.
After my return to UK, I have set up a limited company & company is trading well, with VAT/Corporation tax payments to HMRC. I do not own a house in UK, not do I have a rented property in my name, as I live with my friend, however I am looking to move in my own property (rented or bought) pertty soon.

My absences till now in last 5 yrs are 842 days (for application in May 2016), under 900 days discretion. if I go out for 30-40 days, I will still have 880 days until May 2016, which is below 900 days discretion. I know for 900 days, you have to be in UK for 8 yrs, however by the time I apply, I'll be more than 9 yrs from first entry. Please suggest if my application in May 2016, makes sense to apply.
If not, plan B is to apply after 31 Oct. 2016, as I returned to UK from abroad assignment on 31 Oct. 2011. Then for that time, I at the moment have 682 days absences till now & might have another 40-45 days, making it upto 730 days. Except the big stretch of 627 days(while I was working for sometime in India & attending courts as well), I meet all the requirements. Would it make better chance to apply in Nov.2016.

Plan C is to wait until Dec. 2018, then I'll be within 450 days rule.

I solicit the opinion of people experienced in this regard, when can I apply to make a successful application. Due to personal reasons, I do not think, i can wait until 2018. I am happy to spend the fee, to take a chance for success. For some reason, if application gets refused, does it affect, when I apply next time.......

I desperately wait the replies ,please

BI

The worst case scenario is that you will lose the fee, nothing else. You can apply as many times as you can.
One of the most important things to prove when applying for discretion are your ties with UK. Having a business and paying tax does help but I believe HO is looking for proof that you have made UK your home, with family hopefully. Also most of your estate should be in UK.

Hi Milan,

Yes, I am thinking to apply based on discretion.
Many thanks for your reply. I would be happy, if people share about their experience about most excess absences are approved for BC.


BI

Hi,

To give you a decent hope, my application got successful and I am now a British citizen and have got my passport as well

I also applied for discretion in my naturalization application and it got approved. Though I took close to 8 months to receive approval for my naturalization application. I applied in July 14 and received it in Mar 15.

However I am not sure whether they took extra time due to discretion or not. During my wait period, I was following this forum and there were many people in July cycle in same boat, some people with straightforward application (no discretion) so that got me thinking that my delay may be just about the timing (July month).

But I am happy that I went ahead with my application and it got approved. Though there was some delay but it's all well that ends well.

Looking at your situation, I would suggest to go ahead with application and take a risk. It's not a blind risk but a calculated risk where you are meeting requirements with discretion so I believe you have a fair chance for approval.

Since you mentioned you are staying with your friend so I would strongly advise you to get in your own place. Either buy or rent but have an accommodation in your name. It will give them some confidence that you have made UK your home. That's all you have to prove to them.

Wish you all the best.

Cheers.

Dear Gaurjai,

Thanks a million for your reply. I was looking forward to hear from you.
I am hopeful for my application.

I might need some help/ tips with regard to making the application. How I can write to you..if you can pm me your email, I'll appreciate a lot... I do not know, how I can pm now...........

Thanks again

Hi All,

I do not think, I am allowed to read / post pm's
Sorry
BI