90 days of absence in excess

[SParida]

Hi,

I am very new this forum and it will be a great help If someone can guide me on my situation.

I have first entered UK in December’2005 and then took my ILR(Indefinite leave to remain) in September’2011. But then I left UK and was absent for 14 months(February’2013 to April’2014).

After coming back I am continuing in UK till date and now I would like to apply for British citizenship.

So suppose if I apply in January’2016,

-To satisfy the residence requirement I am not absent for more than 90 days in the last 12 months.
-The total number of days absence in the last 5 year qualifying period i-e between 2011 to 2016 is 546 days. Which is around 90 days in excess.

So could someone please advise if this 90 days is a big problem. Just to let you known I am also completing 10 year in December’2015.

Please advise I qualify for Naturalisation through the 5 year route and if yeas when would be the best time to apply.

Many Thanks....
Sambeet

[tripping]

I think in your case, the caseworker may apply discretion on your excess absences.

Is any part of your absence work-related? You may have to apply for discretion at any rate, and it may not be 100% guaranteed. Hopefully other posters may who had similar experiences can assist here.

Worse case scenario, going by your out of UK dates and trying to get under 450 days 5 year limit, and assuming you will not be travelling in the future, you could technically wait until the excess has lapsed ie apply for BC sometime May/June 2018.

[secret.simon]

You may be fine. See pages 7-8 of Booklet AN.

Remember that another requirement is that you were physically in the UK five years to the day on the date of the application. So, if you were to apply today, you must have been in the UK on 13th November 2010. The Home Office has no discretion in this matter and must refuse your application (while keeping the money).

[SParida]

I think in your case, the caseworker may apply discretion on your excess absences.

Is any part of your absence work-related? You may have to apply for discretion at any rate, and it may not be 100% guaranteed. Hopefully other posters may who had similar experiences can assist here.

Worse case scenario, going by your out of UK dates and trying to get under 450 days 5 year limit, and assuming you will not be travelling in the future, you could technically wait until the excess has lapsed ie apply for BC sometime May/June 2018.

Hi, Tripping...... During my absence I was working for the same UK client but from India offshore unit. Could you please advise if this migbht help or is there any other reason that will support my application for discretion.

Many Thanks..Sambeet

[SParida]

You may be fine. See pages 7-8 of Booklet AN.

Remember that another requirement is that you were physically in the UK five years to the day on the date of the application. So, if you were to apply today, you must have been in the UK on 13th November 2010. The Home Office has no discretion in this matter and must refuse your application (while keeping the money).

Hi Simon,

Many thanks. I have gone through the Booklet, In page 8 there is mention of absence upto 730 will be disregarded if you have been residence in UK for at least 7 year. Which I think am eligible as I am compliting 10 year now. Is there any more hidden point to consider for this. Like there is a mention of "established your home, family and a substantial part of your estate here". does this a manadatory clause. If yes what all I need to show for this. I dont have my property here in UK.

Could you pease advise.

[SParida]

You may be fine. See pages 7-8 of Booklet AN.

Remember that another requirement is that you were physically in the UK five years to the day on the date of the application. So, if you were to apply today, you must have been in the UK on 13th November 2010. The Home Office has no discretion in this matter and must refuse your application (while keeping the money).

Hi Simon,

Many thanks. I have gone through the Booklet, In page 8 there is mention of absence upto 730 will be disregarded if you have been residence in UK for at least 7 year. Which I think am eligible as I am compliting 10 year now and absence is only 546 days.

But there is also a mention of "established your home, family and a substantial part of your estate here", does this a manadatory clause in addition to being residence for 7 year. If yes what all I can submit to support this. I dont have my property here in UK. I am a TAX payer for last 10 year also have my pension plan.

Could you pease advise if I qualify for naturalisation.Any advise will be helpfull for me.