Exceeding Absences in the Qualifying Period

[avatib]

Hi Friends,

I intend to apply for BC on the below facts.

- Absences in past 5 years: 580 days (***exceeding absences*** due to medical complications related to my wife resulted in her having consecutive surgery abroad after first surgery that was in the UK (due to ectopic pregnancies and miscarriages). All medical evidences handy from UK and abroad.
- In last one year from the date of application: 82 days (within 90/100 days)
- Eligibility on other requirements are good

Although, I have been a resident here since Sep 2004 and did my first degree and masters along with all my work experience which are UK based. Basically, I have lived most of my life so far in the UK and intend to in future as well. However, I still do not own any property in the UK but renting with my wife since she moved to the UK (Dec 2008).

Question 1: Wondering if it would be safer to apply for naturalisation now? Please suggest
Question 2: More clarification request when UKBA guide say "Established home, family and substantial part of estate"? Do I need to have buy a property if I wish to apply with exceeding absences or rented accommodation with wife would suffice?
Question 3: Student visa are counted towards resident? to qualify 7 years (2 + 5 years) in the case of exceeding absences.

Any guidance and suggestions would be highly appreciated...many thanks

Regards

[milan69]

1. If applying now you would have to apply for discretion and nobody can guarantee positive outcome. Having said this I was out for 125 days in the final year and got my approval without a problem within 10 weeks.
2. You don' t have to own a property. You need to have made UK your home, together with you family ( your wife) and to have most of the estate (private property) in the UK.
3. Not sure but I think it is last 7 years in total.

[avatib]

Hi Milan69,

Thankyou so much for the response.

Please detail little more on "and to have most of the estate (private property) in the UK" ? Do you mean rented property?

Also, should I attach medical evidences referring wife for my exceeding absences?

Regards

[milan69]

You don't have to do own a property, you can live in rented property. Estate means all your personal possesions.
You don't need to attach medical evidence as it does not fall into category of justified absences according to HO.

[avatib]

Milan69,

Thankyou very much for kind suggestions.

Is there any chapter / document by UKBA on rented property for BC. I could not find much of a scripted details in this area.

Regards

[milan69]

I never came across such document.

[avatib]

Hi Milan69,
How have you validated UKBA considers 'rented property' as a part of estate? and would be fine. Any similar cases you came across?
Regards

[milan69]

When i was applying a year ago I was searching for exactly same answer ad I live in rented property.

[avatib]

Please do you mind telling your absences in the QP (in last 5 years) when applied?

As you said in last one year you had 125 days but they took little while to process the application.

Now you hold BC?

Regards

[milan69]

I applied as a spouseof BC amd jad 260 days of absences in total. My application was processed quite quickly without HO asking for anything.
I am BC now.

[avatib]

You were within the QP as a spouse (<300 days).

Many Thanks for your answers and help!

[milan69]

I was not within qualifying period as I had 125 days of absences in my final year and therefore I had to apply for discretion.

[avatib]

Hi Milan69,

Please confirm, when you had applied did your spouse owned or rented the property? Since you have been married to a BC.

Although, I understand you has shown to have rented the property to suffice "Family, Home and Substantial Estate".

Please confirm.

Regards

[avatib]

Hi Milan69,

Please confirm, when you had applied did your spouse owned or rented the property? Since you have been married to a BC.

Although, I understand you have shown to have rented the property to suffice "Family, Home and Substantial Estate".

Please confirm.

Regards

[milan69]

I live in rented accommodation. Here is what I've written on page 15 of AN form:


"I wish to state that I have made the UK my home together with my family - my wife and 16 year old son who are both British citizens and live in the United Kingdom. With my family, I live in a rented house which is in my name. In addition, I have a large part of my estate in the United Kingdom. In the past few months, due to the nature of my work, I had to spend several weeks working abroad and therefore I am requesting for discretion to be applied with regard to the requirement to have not been absent from the country for more than 90 days in the final year."

[avatib]

thanks so much milan69

Regards

[milan69]

For some reason this did not come out in my previous post.

This is what I have wrote on page 15 of AN form in regards to my absences and discretion I have applied for:

"I wish to state that I have made the UK my home together with my family - my wife and 16 year old son who are both British citizens and live in the United Kingdom. With my family, I live in a rented house which is in my name. In addition, I have a large part of my estate in the United Kingdom. In the past few months, due to the nature of my work, I had to spend several weeks working abroad and therefore I am requesting for discretion to be applied with regard to the requirement to have not been absent from the country for more than 90 days in the final year."

[avatib]

What's your instinct on my absences in the QP i.e. 580 days, over by (580-480 = 100 days)?

Would you recommend gambling? or going through a solicitor will strengthen the case?

Regards

[milan69]

I think you have descent/good chances.
The worst case scenario is that you will lose the money and that is all.
It is up to you to decide if it is worth waiting until you satisfy residence requirements or apply now and maybe lose money.
By having your application rejected on this basis does not mean you can not apply the same day you meet residency requirements.

[milan69]

What HO will be looking for is the proof that you have settled in UK which I believe you have in every aspect.

[avatib]

You are right mate. I shall chance now, because I shall only be meeting standard residence requirement by the end of this year, which is far away. And I have business travel plans. Hence, sooner I settled myself with naturalisation quicker the flexibility I may available on business travel without restrictions.

Also to let you know I own a limited company in the UK which should also form a part toward estate? Can it be, please confirm?

Regards

[milan69]

You company does further confirm that you have settled here as well as being a part of your estate.
Also, on page 7 you will read that for absences up to 730 days you are expected to have been resident for the last 7 years:

https://www.gov.uk/government/uploads/s ... c_2014.pdf

[avatib]

I have been resident in the UK since Sep 2004.

Sep 2004 - Jan 2008: Student Visa (Which is a resident visa with limited hours to work)
Jan 2008 - Mar 2009: Tier 1 Post Study (Resident Visa)
Mar 2009 - Feb 2014: Tier 1 Gen (Resident Visa)
Feb 2014 - till now: ILR (Resident Visa)

10+ years of residentship. I guess should be ok with HO. What you say?

Regards

[milan69]

If you read the same page you will see that it also says "For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years.."
Let me put it this way, if I had money to spare I would apply without hesitation.

[avatib]

Ya it does and it also says to justify absences with evidences for 730+ days of absences.

And my case is of absences below <730 days. Only major concern I had was on justifying home, family and substantial estate.

Which you have helped far beyond than I had expected...BIG THANKS!

To summarise - stay with wife in the UK, letter of tenancy from the landlord and my limited company shall suffice the family and estate requirements for exceeding absences. Although the evidences have never been asked for but I shall provide. Also, I am meeting 7 years of residence for exceeding absences up to 730 days.

I shall chance since you have boosted my confidence!!!!

Regards