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Practical question about submission + absences of 839 days

Posted: Sat Oct 15, 2022 11:18 am
by MartinMorrison
Hello,

I have a premium appointment booked for Thursday to submit my naturalisation application, after 3 year ILR route (exceptional talent) + 1 year free of restrictions. I have decided not to use the IDV app , though was said I am eligible, due to concerns about delays/issues with the app.

I have about 150 supporting documents totalling about 700 pages. Is it best to upload these UKVCAS 'Document Upload' on my desktop and submit before the appoint, or at the appointment, or better to print out all my supporting documents and have them rescan and submit them at the appointment? The latter is what I did for my ILR application.

Seperately, my absences of 839 days were due to travel I had to take for work to establish and grow my UK business. I have a letter from my employer for every trip of over 45 days and 5 pieces of evidence for each trip, eg proof of a meeting outside the UK with a client. Was wondering if anyone has had to submit proof of absences due to work and been succesful and if so which documents you submitted as proof of this?

Thanks

Re: Practical question about submission + absences of 839 days

Posted: Sat Oct 15, 2022 11:36 am
by Bash_
my god, why do you need 150 documents? it'll probably take a year for the Home office to read/check them given their current run rate.

I'd probably advise uploading only the required docs (passport/travel history/ilr BRP)

Check the guidance absences up to 900 days can be disregarded if you have valid reasons and the expectation that you have been a resident for 8 yrs prior.
(pg 10/11) - you just need to explain that your absences were for work purposes (the letter from the employer would suffice IMO)

https://assets.publishing.service.gov.u ... d_0709.pdf

Re: Practical question about submission + absences of 839 days

Posted: Sat Oct 15, 2022 6:20 pm
by secret.simon
Do you meet the absences in the 1 year preceding the date of application AND the physical presence in the UK five years before the date of application requirements?

The general rule of thumb is that discretion can be used to disregard one requirement for naturalisation, provided all others are met and you have proven that the UK is your principal residence.

Re: Practical question about submission + absences of 839 days

Posted: Sat Oct 15, 2022 6:28 pm
by contorted_svy
MartinMorrison wrote:
Sat Oct 15, 2022 11:18 am
Hello,

I have a premium appointment booked for Thursday to submit my naturalisation application, after 3 year ILR route (exceptional talent) + 1 year free of restrictions. I have decided not to use the IDV app , though was said I am eligible, due to concerns about delays/issues with the app.

I have about 150 supporting documents totalling about 700 pages. Is it best to upload these UKVCAS 'Document Upload' on my desktop and submit before the appoint, or at the appointment, or better to print out all my supporting documents and have them rescan and submit them at the appointment? The latter is what I did for my ILR application.

Seperately, my absences of 839 days were due to travel I had to take for work to establish and grow my UK business. I have a letter from my employer for every trip of over 45 days and 5 pieces of evidence for each trip, eg proof of a meeting outside the UK with a client. Was wondering if anyone has had to submit proof of absences due to work and been succesful and if so which documents you submitted as proof of this?

Thanks
Apologies for the obvious question, but have you got 5 years of continuous residence in the UK? In your post you only refer to 4 years in the country. Also consider trimming down your evidence, 150 supporting documents are only going to slow down your application. You don't need 5 pieces of evidence for each trip.


To apply under discretion for absences please review this https://assets.publishing.service.gov.u ... retion.pdf page 17:

Where the applicant has absences of between 480-900 for applications under
section 6(1) of the British Nationality Act 1981, or 300-540 for applications under
section 6(2) and otherwise meets the requirements you must only consider
exercising discretion where the applicant has established their home, employment,
family and finances in the UK, and one or more of the following applies:
• at least 2 years residence (for applications under section 6(1)), or 1 year (for
applications under section 6(2)), without substantial absences immediately prior
to the beginning of the qualifying period. If the period of absence is greater than
730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence
must be at least 3 or 2 years respectively
• the excess absences are the result of:
o postings abroad in Crown service under the UK government or in service
designated under section 2(3) of the British Nationality act 1981.
o accompanying a British citizen spouse or civil partner on an appointment
overseas
• the excess absences were an unavoidable consequence of the nature of the
applicant’s career, such as a merchant seaman or employment with a
multinational company based in the UK with frequent travel abroad
• exceptionally compelling reasons of an occupational or compassionate nature
to justify naturalisation now, such as a firm job offer where British citizenship is
a statutory or mandatory requirement
• the applicant was prevented from being in the UK because they had been
removed from the UK, and the decision to remove them was later overturned
• the applicant was incorrectly prevented from resuming permanent residence in
the UK following an absence
• the excess absences were because the applicant was unable to return to the
UK because of global pandemic
I would consider writing in the cover letter which of this requirements you fulfill explicitly - if you have 3 years of residence without substantial absences before the beginning of the qualifying period your application will be stronger.

Re: Practical question about submission + absences of 839 days

Posted: Sat Oct 15, 2022 7:59 pm
by MartinMorrison
Hi

The definition of 'residence' here is confusing. I have been in the UK on and off since 2011 when I came on a student visa to do my undergraduate degree. I have been on various visas since and probably continuously (ie I did not leave the UK to apply for a visa) since around 2014. I plan to attach evidence of residency going back 8 years, ie 2014. I have been advised by a law firm to submit exhautise evidence of trips outside the UK but organise the cover letters and evidence clearly so it is not overwhelming for someone revieiwng it.

Re: Practical question about submission + absences of 839 days

Posted: Sat Oct 15, 2022 8:21 pm
by contorted_svy
What do you mean by "on and off"? Can you show you had 3 years of living here without many days abroad?

Re: Practical question about submission + absences of 839 days

Posted: Sun Oct 16, 2022 1:24 pm
by MartinMorrison
Hi,

Between 4th June 2014 to 29th September 2017, I was out the UK 459 days, across 22 trips ranging from 3 days out to 78 days out. During this time I was on a Tier 4 student visa and then Graduate Entrepreneur Visa and never had a break in my permission to be in the UK and applied for these visas from the UK. Throughout the entire period I rented in the UK and attach proof of this in my applicaiton.

Any advise on the question 'I have about 150 supporting documents totalling about 700 pages. Is it best to upload these UKVCAS 'Document Upload' on my desktop and submit before the appoint, or at the appointment, or better to print out all my supporting documents and have them rescan and submit them at the appointment? The latter is what I did for my ILR application.
'

Re: Practical question about submission + absences of 839 days

Posted: Sun Oct 16, 2022 1:29 pm
by CR001
What is your absence total in the immediate last 5 years and absence in the immediate last 12 months?

Honestly, the amount of documents your are wanting to submit is wholly unnecessary. The majority will simply be disregarded. I also don't that ukcvas will sit and scan 700 pages.

Re: Practical question about submission + absences of 839 days

Posted: Sun Oct 16, 2022 1:45 pm
by contorted_svy
MartinMorrison wrote:
Sun Oct 16, 2022 1:24 pm
Hi,

Between 4th June 2014 to 29th September 2017, I was out the UK 459 days, across 22 trips ranging from 3 days out to 78 days out. During this time I was on a Tier 4 student visa and then Graduate Entrepreneur Visa and never had a break in my permission to be in the UK and applied for these visas from the UK. Throughout the entire period I rented in the UK and attach proof of this in my applicaiton.

Any advise on the question 'I have about 150 supporting documents totalling about 700 pages. Is it best to upload these UKVCAS 'Document Upload' on my desktop and submit before the appoint, or at the appointment, or better to print out all my supporting documents and have them rescan and submit them at the appointment? The latter is what I did for my ILR application.
'
Proof of renting is unnecessary. Regarding the attachments, we all advised you to trim them down. Don't send them War and Peace.

Re: Practical question about submission + absences of 839 days

Posted: Sun Oct 16, 2022 8:29 pm
by AmazonianX
contorted_svy wrote:
Sun Oct 16, 2022 1:45 pm
MartinMorrison wrote:
Sun Oct 16, 2022 1:24 pm
Hi,

Between 4th June 2014 to 29th September 2017, I was out the UK 459 days, across 22 trips ranging from 3 days out to 78 days out. During this time I was on a Tier 4 student visa and then Graduate Entrepreneur Visa and never had a break in my permission to be in the UK and applied for these visas from the UK. Throughout the entire period I rented in the UK and attach proof of this in my applicaiton.

Any advise on the question 'I have about 150 supporting documents totalling about 700 pages. Is it best to upload these UKVCAS 'Document Upload' on my desktop and submit before the appoint, or at the appointment, or better to print out all my supporting documents and have them rescan and submit them at the appointment? The latter is what I did for my ILR application.
'
Proof of renting is unnecessary. Regarding the attachments, we all advised you to trim them down. Don't send them War and Peace. :lol: