Absences related to business travel in the past 12 months

[foxmulder]

hi All

I have got a question related to the absence permitted in the 12 months before submitting the naturalisation application. I am a EU citizen with Permanent Residence living in the UK for the past 9 years.

Due to the nature of my job over the past 12 months I have had 183 days worth of absence from the UK (138 days on business trips).

As I read in the guide

Some discretion may be exercised over excess absences, immigration breaches, and immigration time restrictions in the last 12 months (as long as you are free of immigration time restrictions on the date of application) if there are special circumstances. If you do not meet these residence requirements but believe that there are special circumstances in your case, you should explain them when you apply. to have been resident in the UK for the last 8 years (5 years for 6(2) applications) unless the absences were a result of either:

An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad
For the past 12 months:
Total number of absences normally disregarded only if all other requirements are met and
• you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate. 101 – 179 days
Please note: Only in the most exceptional circumstances would total absences exceeding 180 days in the final 12 months of the qualifying period be disregarded if all other requirements were not met.

I have got a letter from my company stating that I was on business-critical travel and my company is based in the UK (worked for them for the past 7 years). Do you know how home office approaches such absences in the past 12 months before applying and what documentation I would need to provide to prove I have made UK my home? Would payslips and letter from the employer be enough? Or things such as bank statements etc?

[jgreen6123]

I heard HO are very strict about absences. This is because BC is not a right but a privilege and only in exceptional circumstances (e.g. an elite athlete) would they disregard anything more than 180 days.

[aman90]

Can’t stop living n working for naturalisation.
45 days of personal absences..
Is it possible to push ur application date further to reduce the number of absences..
Mortgage, family, school, utilities, insurance stuff like that to show u are actually living here and this is not just visiting for work purposes..

[IcikePicike]

Surely with a job like that you can afford legal advice?

[foxmulder]

Thank you for all your answers so far.

Well, just becuase my job involves a lot of travelling does not mean it is well paid... I am not sure why you would assume that.

Actually my company is based in the UK and I have got payslips and rental contracts to show that I actually have been living in the UK for all these years. I have got letters from my insurance provider, things like mortgage promise and emails showing that I am looking to buy a property (do not own one yet), do you think this would suffice?

Furthermore, I heard cases of people who actually study abroad and have got way more absences that that and were granted BC. Does anyone know of any examples of where the limit for the absences in the last 12 months have been exceeded and the HO granted them Citizenship?

Also, If I was to be rejected based on that fact would I lose the entire naturalisation fee or would the home office asked me to wait for x number of months and keep my applicaiton 'on hold' until I have met the requirement?

[jgreen6123]

Also, If I was to be rejected based on that fact would I lose the entire naturalisation fee or would the home office asked me to wait for x number of months and keep my applicaiton 'on hold' until I have met the requirement?

So why would you expect any special treatment if it’s just the matter of delaying your application for x number of months? I think a refusal would be justified based on your absence.

[foxmulder]

Thank you very much for your input jgreen6123 and all.

Also, If I was to be rejected based on that fact would I lose the entire naturalisation fee or would the home office asked me to wait for x number of months and keep my applicaiton 'on hold' until I have met the requirement?

So why would you expect any special treatment if it’s just the matter of delaying your application for x number of months? I think a refusal would be justified based on your absence.

Well, because the absences were not due to my own fault and I was employed in the UK at the time. I do not know about most people but in the real world you do not always get to have a say of what you do a spart of your work responsibilities. Should you just stop working if your work requires constant travel? Especialy now that UK wnats to be "outward-looking" it does not make much sense to me in my opinion, but if these are really the rules and there is no exception for something ou have no control over then we have to play by them of course...

Btw. I have rechecked my absencs again and the following is true. I have been away for 477 days in the last 5 years and 180 days in the last 12 months.
My question is as per guidance notes the 30 days are normally disregarded in the 5 year period. If the home office discregards them does it mean that this requirement has been met?

Total number of absences normally disregarded only if all other requirements are met and
• you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate. 101 – 179 days
Please note: Only in the most exceptional circumstances would total absences exceeding 180 days in the final 12 months of the qualifying period be disregarded if all other requirements were not met.


Does it mean that I fit into the category of 'meeting all other requirements' in this case?? Does it mean meeting the 5 rules with discretion of 30 days qualify or not?

[double2double5]

(Guy with 156 days absence here)

My advice would be to hold back, as you are effectively seeking double discretion (both 12 months and 5 year period). I only had around 300 days absence over 5 years so my application was approved. You do not meet all requirements, as discretion is applied on 12 month period only if your 5 yr absences are less that 450 and vice versa (90 for 12 month)

I hear your point on work commitments and the inability to choose one's responsibilities BUT as people have noted time after time on this forum, British Citizenship is a privilege and the first question that the case worker would ask is, how effective is your (social) contribution to the society if you are consistently away for more than 3 months every year. Tax contributions, whilst important, is only a piece of the puzzle. I demonstrated strong social ties with the UK that might have helped.

Having a 3/4 months cool off period from travel would make a big difference to these numbers and I'm sure your work will be considerate to your situation.