Exceeded Absences of 450 days but under 540...

[Wizard33]

Hi there

I will shortly be applying for citizenship. I meet all the relevant requirements, however, over the last 5 years, I would have been out of the country for around 510 days. In the last 12 months, I've been out of the country for 68 days so I am ok for the requirement of being out of the country for no more than 90 days in the last 12 months of the qualifying period. I read on the website that if you were over 450 days but under 540, then UKBA would likely show discretion assuming all other requirements were met. However, when I read Booklet AN, produced by the Home Office, their guidance on discretion of absences explained that they would apply their discretion if total days were 480, but that if your absences were up to 730 days, then you would need to show you had been resident for 7 years. By the time of application I would have been resident for just over 6 years.

I had thought that the limit was 540 days for UKBA to normally disregard absences, but am a little worried about the fact that 480 days is listed in the Home Office's own guide. My absences are high mainly as a result of numerous work trips, and I can get my employer to write a letter to that effect, but it's still a bit of a concern. Has anyone got any recent experience where they had over 500 days absent in the 5 year period but still had their application approved?

[Jambo]

The 540 days has to do with application as spouse of BC.
Follow the link in Q3 in Citizenship FAQs - Common Questions - Read before posting.

[Just Wondering]

As Jambo's reference states, UKBA can apply discretion for up to 900 days so long as you meet all other requirements, have your estate/family/majority assets here (i.e. have thrown your lot into your life in the UK), and (preferably) fit into a scenario listed in 4.1.2.

I had my application approved, and I asked for discretion for 540 days. I was out of the country on holiday for over a year. I had 3 years residence without substantial absences before the five year qualifying period (see 4.1.2(a) of Jambo's referenced link). See 4.1.2(c) which seems to be applicable to your situation.

If it was me, I'd apply now and ask for discretion to waive the absences on page 16, question 6.8 (continuing onto page 15). I'd set out how I've "thrown my lot" into my life in the UK, and provide evidence that my absences were due to travel abroad for my UK-based employer. However, I would do this in the knowledge that I may risk losing my £874 as discretion may not be applied, but regardless I would not lose ILR.

[Wizard33]

Thanks for the clarification Jambo and Just Wondering. I think I will take your advice Just Wondering. I believe I definitely fit into criteria 4.1.2c, which says "the excess absences have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad)". I'm certainly not a merchant seaman, but I work in a global team of a UK-based business, and I'm required to travel to places like the US, Philippines and Australia on a regular basis. I had a secondment to Australia for 6 months and was in the US for work 5 times last year for a week at a time, so hopefully they can see that this is an unavoidable requirement of my role.

Thanks again, and if anyone else has had this discretion applied to them in the past, I'd be interested to hear it!

[seepreston]

Excuse me if i have posted in wrong place,this is my first time on website.
But this is relevant to my situation,so advise if you can.
I'd rather do application for Citizenship myself and save the lawyers fees… but if i have to i will.

I have had ILR,permanent residence,since 2006,so 8 years now.. i know i am in need of maximum discretion in terms of absences. I travel extensively for work,in last five years i have been absent 827 days. Though Two months were to look after My grandfather in his last days(new zealand), and in the last year two months looking after my partner ( studying in sweden),she suffered a vestibular migraine,very rare, virtually paralysed her for ten days,she needed help for a while. but all other travel is work related, in fact i still worked from sweden. I have letters to say i travel for work(fashion industry).
I see with a residence permit of 8 years i can have discretion for +730 days, and in fact though rare,can be over 900, if all other requirements are fulfilled. I have always declared earnings in UK, and had continual home here, this is home. But this last year has been excessive travel,close to 300 days…
I wonder if i am pushing it to apply,should i use a lawyer,i'd prefer not to economically.

Many thanks.

[m29]

HI, i and my wife both are plannig to applying for naturalisation in June 2014 . We both had ILR in last year June 2013 on my 5 years workpermit ground. I have 18 months old son who holds british passport since oct 2013.

I am up to date with all requirements regarding naturalisation but my wife was about 520 days out of country in last 5 years and 124 days in last year ( June 2013 to June 2014)

IS is ok to apply naturalisation for my wife with me ? I read home office site about discretion and just want to confirm bfore we apply .
Please advise

Thank you

[milan69]

I was out for 120 days in the final year and I applied for discretion. I suggest you state that you made UK your home, together with your family and that large part of your estate is in UK.

[Wizard33]

Hi there

Having posted on this topic originally, I thought I'd let people know that I applied for citizenship in May and yesterday my application was approved. As outlined above, I applied for discretion in regards to my absences and got a letter from my employer which stated which of these days were for work reasons. It seems that the case worker thankfully understood and agreed to approve my application having met all of the relevant criteria.

Good luck to everyone else.

Regards
Luke

[olax985]

Hi,

I just need a bit of advice similar to urs pls. I am due to apply for my british naturilization however I have been out of the country for more 549 days. I have been in the country since year 2000 and got my ILR in 2005. Most of the days absence were family holidays and university trips which was required as part of my course.

The most significant abscence was 18month (Sep 2011-March 2013) I spent in Africa(Nigeria) for my National youth service which is required of most Nigeria graduate to take so as to work in the country or for future political reasons. Although this was only for a year. The other 6month was spent travelling around West Africa. Prior to that, the total number of absence was less than 90days in total.

My question, if I apply and list all the time spent outside the country with prove of my Nysc letter for the one year period. Will my application will be accepted or is it best I wait till the times have lapsed?

Your reply will be appreciated.

Thanks

[milan69]

While you were away for 18 months continuously were you registered as a resident in UK?

[olax985]

While you were away for 18 months continuously were you registered as a resident in UK?

Hi thanks for your response. No I was not. I was away from sep 2011 to July 2012 (almost a year). Then I had a little 2.5month in UK before going back at sep 2012 till march 2013 and I have not travelled since then.

[milan69]

You have to make sure that you have been a resident in the UK for the last 5 years because your application will most certainly be refused if you were not.
If absent for more than 450 days in the last 5 years you will have to apply for discretion but it is not 100% certain that the outcome will be positive. Having said that, I was out for more than 100 days in my final year, I applied for discretion and got my approval within 8 weeks.
Please read page 7-8:
https://www.gov.uk/government/uploads/s ... let-an.pdf

[mj1981]

Hi Gurjai,

I am keen on your application outcome.

Please let me know if you were successful as my scenario also fits in kind of similar situation.

[fastfourier]

Excuse me if i have posted in wrong place,this is my first time on website.
But this is relevant to my situation,so advise if you can.
I'd rather do application for Citizenship myself and save the lawyers fees… but if i have to i will.

I have had ILR,permanent residence,since 2006,so 8 years now.. i know i am in need of maximum discretion in terms of absences. I travel extensively for work,in last five years i have been absent 827 days. Though Two months were to look after My grandfather in his last days(new zealand), and in the last year two months looking after my partner ( studying in sweden),she suffered a vestibular migraine,very rare, virtually paralysed her for ten days,she needed help for a while. but all other travel is work related, in fact i still worked from sweden. I have letters to say i travel for work(fashion industry).
I see with a residence permit of 8 years i can have discretion for +730 days, and in fact though rare,can be over 900, if all other requirements are fulfilled. I have always declared earnings in UK, and had continual home here, this is home. But this last year has been excessive travel,close to 300 days…
I wonder if i am pushing it to apply,should i use a lawyer,i'd prefer not to economically.

Many thanks.

Hello - my situation is very similar to 'seepreston' s. In my case I have been in the UK since 2003 and I am about to apply for Naturalization however, total days of absence within the last 5 years is 686 (each year I am above the 90days limit) and total days of absence within the last year is 98. The absence is due to the nature of my job/career therefore I would have to apply for discretion. I do meet all the 'other' requirements besides the days of absence and I have all my asset (house and money) in UK, however, I have no (strictly speaking) family in UK since I am single. Am I pushing it to apply? Has anyone been successful with their application via discretion for the case in which each year of the qualifying period the min number of days (90) was exceeded?
Thanks

[CR001]

Excuse me if i have posted in wrong place,this is my first time on website.
But this is relevant to my situation,so advise if you can.
I'd rather do application for Citizenship myself and save the lawyers fees… but if i have to i will.

I have had ILR,permanent residence,since 2006,so 8 years now.. i know i am in need of maximum discretion in terms of absences. I travel extensively for work,in last five years i have been absent 827 days. Though Two months were to look after My grandfather in his last days(new zealand), and in the last year two months looking after my partner ( studying in sweden),she suffered a vestibular migraine,very rare, virtually paralysed her for ten days,she needed help for a while. but all other travel is work related, in fact i still worked from sweden. I have letters to say i travel for work(fashion industry).
I see with a residence permit of 8 years i can have discretion for +730 days, and in fact though rare,can be over 900, if all other requirements are fulfilled. I have always declared earnings in UK, and had continual home here, this is home. But this last year has been excessive travel,close to 300 days…
I wonder if i am pushing it to apply,should i use a lawyer,i'd prefer not to economically.

Many thanks.

Hello - my situation is very similar to 'seepreston' s. In my case I have been in the UK since 2003 and I am about to apply for Naturalization however, total days of absence within the last 5 years is 686 (each year I am above the 90days limit) and total days of absence within the last year is 98. The absence is due to the nature of my job/career therefore I would have to apply for discretion. I do meet all the 'other' requirements besides the days of absence and I have all my asset (house and money) in UK, however, I have no (strictly speaking) family in UK since I am single. Am I pushing it to apply? Has anyone been successful with their application via discretion for the case in which each year of the qualifying period the min number of days (90) was exceeded?
Thanks

This topic is from 2014 and user 'seepreston' last logged into the forum in July 2014.

Kindly refrain from digging up old topics and please start your own with your questions and circumstances.