Immigrationboards.com

Hi Folks
Have secured my ILR in Dec'18 and will be applying for Naturalization/citizenship in Dec'19 however just came across residency requirement which unfortunately i'll not be meeting. While i'll be meeting not more 450 days during last 5 years outside of UK (will manage to stop at 448 days), but during last 12 months i will be outside of UK for at least 110 days instead of stipulated max 90 days. All/most of this is because of business travel and my company will provide me with all necessary documentation. I'm in a job where Mon-Fri i've to work outside UK which i cannot avoid.
I'm a UK house owner and my family already has ILR and younger son who is born in UK already has UK passport/citizenship.
What should i do? Can i apply for UK citizenship despite not meting not more than 90 days criteria during last 12 months? What are my chances, pls guide if anybody has gone through this!!
Thanks
Sid

You can try however Home Office may not exercise discretion

I had a chat last year with someone who worked for the NCS and he told me that for the qualifying period, when they say X days, they absolutely mean it. For him, it was if they say 90 days max and they count 91, it's game over.

You can still try, but the risk is them declined and keeping the money.

Zerubbabel wrote: ↑

Tue Sep 10, 2019 8:45 pm

I had a chat last year with someone who worked for the NCS and he told me that for the qualifying period, when they say X days, they absolutely mean it. For him, it was if they say 90 days max and they count 91, it's game over.

You can still try, but the risk is them declined and keeping the money.

NCS staff neither had the authority on this matter nor the knowledge of the requirements. The were merely staff working for the council. Their opinions are not relevant. The home office has a guide which explains how exactly the discretion is exercised for citizenship applications and the OP has a very good chance to be granted citizenship: https://assets.publishing.service.gov.u ... 3.0ext.pdf

Zimba wrote: ↑

Tue Sep 10, 2019 8:50 pm

Zerubbabel wrote: ↑

Tue Sep 10, 2019 8:45 pm

I had a chat last year with someone who worked for the NCS and he told me that for the qualifying period, when they say X days, they absolutely mean it. For him, it was if they say 90 days max and they count 91, it's game over.

You can still try, but the risk is them declined and keeping the money.

NCS staff neither had the authority on this matter nor the knowledge of the requirements. The were merely staff working for the council. Their opinions are not relevant. The home office has a guide which explains how exactly the discretion is exercised for citizenship applications and the OP has a very good chance to be granted citizenship: https://assets.publishing.service.gov.u ... 3.0ext.pdf

From the guidance, the OP has a chance.

This NCS guy was sticking 100% to the rules without considering any discretion. Still I regret that service because it was some sort of insurance for the money. I case of refusal, the money would still be refunded if the applicant went through NCS.

Naturalisation is purely discretionary. There are no rules to follow just some requirements

Thanks Zimba/Zerubbabel
Have gone through the link for absence >90days during last 12months, it's clearly mentioned that home office will apply discretion in case 5yrs condition is met (which is my case) and applicant is able to prove that employed with an British MNC and have to travel frequently for work and with family, home, finances and employment in UK which all holds true for me. Now waiting for Dec end to apply.
This is such a relief, thanks for the link.
Sid

This guy was out for 98 days in the final qualifying year but was still approved. I guess as Zimba says its up to the case worker and probably also how far out of the 90 days you are.

SidG wrote: ↑

Tue Sep 10, 2019 10:03 pm

Thanks Zimba/Zerubbabel
Have gone through the link for absence >90days during last 12months, it's clearly mentioned that home office will apply discretion in case 5yrs condition is met (which is my case) and applicant is able to prove that employed with an British MNC and have to travel frequently for work and with family, home, finances and employment in UK which all holds true for me. Now waiting for Dec end to apply.
This is such a relief, thanks for the link.
Sid