Immigrationboards.com

Hi,

I received my ILR in July-2016 and since then I am away from UK, I am planning to come back in end April this month, can you please let me know when I will be able to apply for british passport?

Thanks a lot

You can only apply for a British passport once you have been granted British citizenship.

In the 12 month period prior to submitting your BC application you are not permitted more than 90 days absence from the UK.

Casa wrote:You can only apply for a British passport once you have been granted British citizenship.

In the 12 month period prior to submitting your BC application you are not permitted more than 90 days absence from the UK.

Thank you Casa for your reply, So If I come back in UK I can apply for BC application for 9 months I suppose.

Can you please let me know if my previous absences will cause any problem, I have been away from UK for 520 days until I was granted ILR under 10 year + I am away now 8 months, will that be a problem?

Your absences must be less than 450 days in the 5 years immediatly preceding your application, less than 90 days in the year immediatly precdeing the application AND you must have been present in the UK at the start of the five year period immediatly preceding the application (so, date of application - 5 years + 1 day). The last condition is mandatory and failing that means certain refusal.

secret.simon wrote:Your absences must be less than 450 days in the 5 years immediatly preceding your application, less than 90 days in the year immediatly precdeing the application AND you must have been present in the UK at the start of the five year period immediatly preceding the application (so, date of application - 5 years + 1 day). The last condition is mandatory and failing that means certain refusal.

Thank you secret.simon for your response, can you please let me know if HO will consider my absence due to parental leave because my son was not well and I had to take parental leave for about 5 months + 4 months, I have all the records of application to employer and approval and can provide doctor certificates.

Thanks

If the whole 9 months absence occured in the past one year, then it is unlikely that the Home Office will exercise discretion in your case and your absence will almost certainly fail. You would be best off waiting for about nine months to a year after your return before submitting your application.

The parameters for the Home Office exercising discretion are spelt out in Pages 7-8 of Booklet AN.

Thank you simon.

secret.simon wrote:If the whole 9 months absence occured in the past one year, then it is unlikely that the Home Office will exercise discretion in your case and your absence will almost certainly fail. You would be best off waiting for about nine months to a year after your return before submitting your application.

The parameters for the Home Office exercising discretion are spelt out in Pages 7-8 of Booklet AN.

Hi Simon,

I am in the UK since last 10 years, does 900 days apply in my cases as described in the pages-7-8 ?

Thanks A lot

psw2009 wrote:

secret.simon wrote:If the whole 9 months absence occured in the past one year, then it is unlikely that the Home Office will exercise discretion in your case and your absence will almost certainly fail. You would be best off waiting for about nine months to a year after your return before submitting your application.

The parameters for the Home Office exercising discretion are spelt out in Pages 7-8 of Booklet AN.

Hi Simon,

I am in the UK since last 10 years, does 900 days apply in my cases as described in the pages-7-8 ?

Thanks A lot

I want to add I have been away from UK total 770 days in last 10 years and out of which 350 days are parental leave so if I come back can I apply after 9months?

Thanks a lot

Give us a timeline of your absences (month/year) from the UK to guide you better.

secret.simon wrote:Give us a timeline of your absences (month/year) from the UK to guide you better.

Thanks Simon, Timeline is

Came into UK July-2006
Absences are
Sep-2009 to Oct-2009 for 50 Days
Oct-2010 for 16 Days
Feb-2011 for 15 Days
March-2012 for 28 Days
Dec-2013 for 33 Days
July-2014 for 34 Days
Jan-2015 for 29 Days
March-15 to July-2015 for 131 Days
Sep-15 to Feb-16 for 166 Days
Aug-16 to April-17 for 270 Days
Total number of absences 772

Thanks a lot in advance

Aug-16 to April-17 for 270 Days

This absence alone (in the last 12 months) will mean you likely face a refusal as it is 3 times what HO permit in the 12 months. You need to get this down to about 100 before you should apply.

HO does not make a distinction between business, personal or parental absences.

CR001 wrote:

Aug-16 to April-17 for 270 Days

This absence alone (in the last 12 months) will mean you likely face a refusal as it is 3 times what HO permit in the 12 months. You need to get this down to about 100 before you should apply.

HO does not make a distinction between business, personal or parental absences.

Thanks CR001, if I get this to 90days and apply after 10months, will that be ok? will HO refuse on the basis of absences more than 450days in the past 5 years or will they consider that I am in UK since last 10years and 772 total number absence?

To apply for the higher level of absence, you are asking HO to exercise discretion, which is not always done. You also have to prove that you have a substantial part of your estate in the UK.

If your family (spouse/kids) lives in home country, then your whole life/estate does not seem to be based in the UK.

The purpose of assessing the absences in the recent past is to ascertain whether you are likely to meet the future intentions requirement of naturalisation that you will reside in the UK in the future.

Section 1(d)(i) of Schedule 1 of the British Nationality Act 1981 wrote:his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom;

The UKV&I assesses your future intentions based on your past behaviour.

In your case, your timeline suggests that your absences have peaked in the past few years. You have been away from the UK for 567 days between March 2015 and April 2017. That is approximately 75% of that period (of 760 days).

Even if you were to reside in the UK for 9 months to a year before applying, I would say that your chances are weak.A caseworker could conclude that you do not seem to have shown any intent that your principal residence will be in the UK.

As CR001 has mentioned, the UK presence of your spouse and children may bolster (or hinder if they have been away for long as well) your application. Where are they based? If they are in the home country, why?

Thank you Simon, since I now have ILR I am about to apply for visa for my family from back home and they will be traveling with me to UK and we will be continue to reside in the UK.

CR001 wrote:

Aug-16 to April-17 for 270 Days

This absence alone (in the last 12 months) will mean you likely face a refusal as it is 3 times what HO permit in the 12 months. You need to get this down to about 100 before you should apply.

HO does not make a distinction between business, personal or parental absences.

Hi CR001, I can bring it down to 100 days by living 9months before apply but Just want to confirm below if my overall absences will be problem as well? I have noticed from HO booklet 5. ABSENCES FROM THE UK A. that if I am in the UK since last 8 years then absences allowed are 900days ? am I reading it correctly?

Thanks a lot

The 8 years/900 days absence is at discretion, HO do not have to exercise discretion, and you would have to prove you have the majority of your estate here, which you clearly don't as you have your family back home and you have traveled out extensively for long periods in the most recent years.

I agree with CR001. Given that your family will only recently have come to the UK and that a large chunk of your absence is in the recent past, as opposed to towards the start of your stay in the UK, the Home Office is unlikely to exercise discretion in your case if you apply in nine months time.

I would suggest waiting until your spouse's FLR(M) in two-three years time before you apply for naturalisation.

CR001 wrote:The 8 years/900 days absence is at discretion, HO do not have to exercise discretion, and you would have to prove you have the majority of your estate here, which you clearly don't as you have your family back home and you have traveled out extensively for long periods in the most recent years.

Thanks CR001, Can I ask, I am working currently from back home for a UK based company and sending them invoices from here, will this something HO will consider while exercise discretion?

THanks a lot

You are working from your home country so effectively living outside the UK. Even less reason for HO to exercise discretion with your absence levels.

Thanks a lot CR001

CR001 wrote: ↑

Tue Apr 18, 2017 5:16 pm

The 8 years/900 days absence is at discretion, HO do not have to exercise discretion, and you would have to prove you have the majority of your estate here, which you clearly don't as you have your family back home and you have traveled out extensively for long periods in the most recent years.

Dear CR001 further to my conversation with you in this thread in 2017, i have been diagnosed with mood swings/mental health which effecting every matter of my life since atleast last 15 years, will home office consider this to exercise discretion?

Thanks