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Breaching the leaves threshold in the last year

Posted: Thu Oct 27, 2022 12:25 pm
by nsr165
Hello

Hope everyone's well.

I had a question regarding the naturalisation process and was hoping someone in the forum would be able to help.

I'm eligible to apply for naturalisation from this month, however, I have been outside of the UK for more than 90 days since I've gotten my ILR. Going through the guidance (AN) published by the Home Office, it seems that leaves under 100 days is normally discarded. I've been away from the country for 97 days but I'm within the 450 days threshold for the last 5 years (4 years on PBS and 1 on ILR). I'm able to wait if absolutely needed, however, this will adversely affect my travel plans.

I'm wondering if I'd run the risk of being rejected if I apply now knowing that I do not explicitly meet the absence criteria even though the guidance is relatively clear. Interested to hear your thoughts.

Thanks!

Re: Breaching the leaves threshold in the last year

Posted: Thu Oct 27, 2022 1:16 pm
by Bash_
if you read the guidance, you can see that 480 days of absences are normally disregarded within 5 yrs qualifying period.

you don't even need an explanation unless you have 700+ days of absences.

Re: Breaching the leaves threshold in the last year

Posted: Thu Oct 27, 2022 1:17 pm
by contorted_svy
If you fulfill all other requirements, under 100 days absences are normally disregarded. As you say, the safest option is to wait until your absences are under the 90 days requirement. Remember that the day you leave and the day you come back are not included in the absences count.

Re: Breaching the leaves threshold in the last year

Posted: Thu Oct 27, 2022 1:54 pm
by nsr165
Bash_ wrote:
Thu Oct 27, 2022 1:16 pm
if you read the guidance, you can see that 480 days of absences are normally disregarded within 5 yrs qualifying period.

you don't even need an explanation unless you have 700+ days of absences.
Thanks, Bash. I'm below the 450 threshold so that isn't an issue. It's the only the # of absences in the last year which is beyond 90 days but within 100 days. I think this is should be okay as this is in line with the guidance. I hope some explanation around this would suffice.

Re: Breaching the leaves threshold in the last year

Posted: Thu Oct 27, 2022 1:54 pm
by nsr165
Bash_ wrote:
Thu Oct 27, 2022 1:16 pm
if you read the guidance, you can see that 480 days of absences are normally disregarded within 5 yrs qualifying period.

you don't even need an explanation unless you have 700+ days of absences.
Thanks, Bash. I'm below the 450 threshold so that isn't an issue. It's the only the # of absences in the last year which is beyond 90 days but within 100 days. I think this is should be okay as this is in line with the guidance. I hope some explanation around this would suffice.

Re: Breaching the leaves threshold in the last year

Posted: Thu Oct 27, 2022 1:56 pm
by nsr165
contorted_svy wrote:
Thu Oct 27, 2022 1:17 pm
If you fulfill all other requirements, under 100 days absences are normally disregarded. As you say, the safest option is to wait until your absences are under the 90 days requirement. Remember that the day you leave and the day you come back are not included in the absences count.
Thanks for your reply. Yes, I've accounted for the days I've left and returned in the country in my calculation. As you say, the guidance is quite clear and hopefully this shouldn't be an issue. I'll add some explanation within the application form and hopefully this would be okay.