150 days absence in last year

[tripas33]

Hello Friends,

I want to know if I am eligible to apply for UK citizenship seeing my absence from UK. If I am eligible I would like to apply in this November. I got my ILR in June 2014 , but this year I have been away from UK for 150 days in total. From the guide book I understand , absence should not be more than 90 days but if someone can guide if I can still apply under any clauses , I would like to apply this November.

Below are the details of my stay in UK.

First Entry in UK : Nov 2008
ILR issue date : June 2014

I want to count my stay from Nov 2010 to Nov 2015.
Total absence from Nov 2010 to Nov 2015 : Less than 500
Absence from UK in 2015 : 150 days.

Regards,
Tripas

[noajthan]

Hello Friends,

I want to know if I am eligible to apply for UK citizenship seeing my absence from UK. If I am eligible I would like to apply in this November. I got my ILR in June 2014 , but this year I have been away from UK for 150 days in total. From the guide book I understand , absence should not be more than 90 days but if someone can guide if I can still apply under any clauses , I would like to apply this November.

Below are the details of my stay in UK.

First Entry in UK : Nov 2008
ILR issue date : June 2014

I want to count my stay from Nov 2010 to Nov 2015.
Total absence from Nov 2010 to Nov 2015 : Less than 500
Absence from UK in 2015 : 150 days.

Regards,
Tripas

There is some discretion.

If over 180 days in past 12 months it's no dice..

Otherwise see section 5 of guidance & the tolerance levels permitted, (with accompanying conditions);
https://www.gov.uk/government/uploads/s ... n_2015.pdf

Alternately, you could delay your application by 60 days or so, so that the absence in the final 12 months (from delayed date of application) reduces down to around 90 days.

[tripas33]

Hello Friends,

I want to know if I am eligible to apply for UK citizenship seeing my absence from UK. If I am eligible I would like to apply in this November. I got my ILR in June 2014 , but this year I have been away from UK for 150 days in total. From the guide book I understand , absence should not be more than 90 days but if someone can guide if I can still apply under any clauses , I would like to apply this November.

Below are the details of my stay in UK.

First Entry in UK : Nov 2008
ILR issue date : June 2014

I want to count my stay from Nov 2010 to Nov 2015.
Total absence from Nov 2010 to Nov 2015 : Less than 500
Absence from UK in 2015 : 150 days.

Regards,
Tripas

There is some discretion.

If over 180 days in past 12 months it's no dice..

Otherwise see section 5 of guidance & the tolerance levels permitted, (with accompanying conditions);
https://www.gov.uk/government/uploads/s ... n_2015.pdf

Alternately, you could delay your application by 60 days or so, so that the absence in the final 12 months (from delayed date of application) reduces down to around 90 days.

Thanks Mate for the reply. I read the guide book for absence over 90 days in last year , the condition are

'Total number of absences normally disregarded only if all other requirements are met and:
a) you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate'

In my case , I don't own a house in UK. I am living in rented property. I recently got married and have applied for wife's settlement visa from India.
The reason I was away from UK in last year were due to work and personal commitments includes my absence for marriage and honeymoon after marriage.
My new job requires travelling hence if I get the citizenship it would be easier for me to travel and also have not to keep count of days away from UK.
Do you think I can make a valid application for citizenship seeing my case ?

Thanks!

Reg,
Tripas

[noajthan]

...

Thanks Mate for the reply. I read the guide book for absence over 90 days in last year , the condition are

'Total number of absences normally disregarded only if all other requirements are met and:
a) you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate'

In my case , I don't own a house in UK. I am living in rented property. I recently got married and have applied for wife's settlement visa from India.
The reason I was away from UK in last year were due to work and personal commitments includes my absence for marriage and honeymoon after marriage.
My new job requires travelling hence if I get the citizenship it would be easier for me to travel and also have not to keep count of days away from UK.
Do you think I can make a valid application for citizenship seeing my case ?

Thanks!

Reg,
Tripas

Hmm, not sure you have sufficient roots here to satisfy the test if HO plays hard ball.

...disregarded only if all other requirements are met...

... demonstrated links with the UK through presence of family, and established home and a substantial part of your estate

Particularly as 150 days in 12 months is considerably higher than the nominal limit of 90 days; it's a 66.66% overrun.

Through HO caseworker's eyes: your immediate family is not in UK yet; you do not have an established home and no property in UK (yet).

Suggest deferring application until some of the 150 days has passed into the previous year and so the final year count reduces to 90 or less.

[tripas33]

...

Thanks Mate for the reply. I read the guide book for absence over 90 days in last year , the condition are

'Total number of absences normally disregarded only if all other requirements are met and:
a) you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate'

In my case , I don't own a house in UK. I am living in rented property. I recently got married and have applied for wife's settlement visa from India.
The reason I was away from UK in last year were due to work and personal commitments includes my absence for marriage and honeymoon after marriage.
My new job requires travelling hence if I get the citizenship it would be easier for me to travel and also have not to keep count of days away from UK.
Do you think I can make a valid application for citizenship seeing my case ?

Thanks!

Reg,
Tripas

Hmm, not sure you have sufficient roots here to satisfy the test if HO plays hard ball.

...disregarded only if all other requirements are met...

... demonstrated links with the UK through presence of family, and established home and a substantial part of your estate

Particularly as 150 days in 12 months is considerably higher than the nominal limit of 90 days; it's a 66.66% overrun.

Through HO caseworker's eyes: your immediate family is not in UK yet; you do not have an established home and no property in UK (yet).

Suggest deferring application until some of the 150 days has passed into the previous year and so the final year count reduces to 90 or less.

Hello Mate,

I made a mistake in calculation. I checked again , the total absence in my last year is 112 days , although its continuous absence. I have strong reasons to support my absence with regards to my and my sister's wedding in India. Its 22 days more than the allowed limit though. I am bit desperate to make the application this year as in order to bring down it to 90 days , I will have to wait till August 2016 and also I can't guarantee my absence less than 90 days coz of travel due to work.

What do I loose if my application is denied ??
If denied , will I face any problem with regards to stay in UK ?

To mention again , I do not meet all other requirements in terms of family and house in UK but I do have permanent employment in UK and have been working in UK from 2008.

Thxs

[noajthan]

Hello Mate,

I made a mistake in calculation. I checked again , the total absence in my last year is 112 days , although its continuous absence. I have strong reasons to support my absence with regards to my and my sister's wedding in India. Its 22 days more than the allowed limit though. I am bit desperate to make the application this year as in order to bring down it to 90 days , I will have to wait till August 2016 and also I can't guarantee my absence less than 90 days coz of travel due to work.

What do I loose if my application is denied ??
If denied , will I face any problem with regards to stay in UK ?

To mention again , I do not meet all other requirements in terms of family and house in UK but I do have permanent employment in UK and have been working in UK from 2008.

Thxs

Regarding travels, don't count each day on which you left UK & each day on which you arrived back in UK.

112 days absence in past 12 months should be easier to justify than 150 days.
The guide may be less stringent for that range of absence.

You don't lose anything except your fee if you are refused.
Naturalisation is not a visa (& ofcourse it is a privilege) so you will still retain your settled status if refused.

(People are only punished, for example by a 10-year ban &/or risk prosecution &/or risk loss of settled status, if deception or fraud is uncovered).

Suggest read the guide again and take a call on how risky the application may be (assuming every other aspect is rock solid, including: KOLL. residency, free from immigration time restrictions, physically present in UK 5 years before date of application, sound mind, good character, referees & etc).

Good luck.

[tripas33]

Hello Mate,

I made a mistake in calculation. I checked again , the total absence in my last year is 112 days , although its continuous absence. I have strong reasons to support my absence with regards to my and my sister's wedding in India. Its 22 days more than the allowed limit though. I am bit desperate to make the application this year as in order to bring down it to 90 days , I will have to wait till August 2016 and also I can't guarantee my absence less than 90 days coz of travel due to work.

What do I loose if my application is denied ??
If denied , will I face any problem with regards to stay in UK ?

To mention again , I do not meet all other requirements in terms of family and house in UK but I do have permanent employment in UK and have been working in UK from 2008.

Thxs

Regarding travels, don't count each day on which you left UK & each day on which you arrived back in UK.

112 days absence in past 12 months should be easier to justify than 150 days.
The guide may be less stringent for that range of absence.

You don't lose anything except your fee if you are refused.
Naturalisation is not a visa (& ofcourse it is a privilege) so you will still retain your settled status if refused.

(People are only punished, for example by a 10-year ban &/or risk prosecution &/or risk loss of settled status, if deception or fraud is uncovered).

Suggest read the guide again and take a call on how risky the application may be (assuming every other aspect is rock solid, including: KOLL. residency, free from immigration time restrictions, physically present in UK 5 years before date of application, sound mind, good character, referees & etc).

Good luck.

Thanks Mate !!

Very Much appreciate your response to each of my queries.

Thanks