Post
by jaas » Tue Jun 10, 2008 5:25 pm
I just did bit of search on forum and found the following stuff ...
... Thanks to Joseph for this ...I am not sure is he still around ...but really useful if its still valid (dated April 2004)
FYI --if anyone needed...
4. Excess absences in the 5(3) year qualifying period
4.1 Under paragraph 2 and 4 of Schedule 1 to the British Nationality Act 1981, there is discretion to waive excess absences in the qualifying period. We should normally consider exercising this discretion as set out below, but only when we are satisfied that applicants have genuinely thrown in their lot with the United Kingdom and meet the other requirements.
4.1.1 Absences totalling 480 (300) days - normally disregard.
4.1.2 Total Absences of up to 900 (540) days - consider disregarding only if the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here. We should also expect:
a. at least 2(1) years residence (without substantial absences) immediately prior to the 5(3) year qualifying period. If the period to be disregarded is greater than 730 (450) days, the period of prior residence should be at least 3(2) years; or
b. the excess absences to have been due either to postings abroad in Crown service under the government of the United Kingdom - for example as a member of HM Forces - or to accompanying a British citizen spouse on an overseas appointment (see also paragraph 6 below where the appointment is in Crown or designated service); or
c. the excess absences to 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); or
d. exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, including, for example, because the applicant has a firm offer of a job for which British citizenship is a statutory or professional requirement.
4.1.3 Only if it is clear from the information we have that the above considerations are met may the excess absences be disregarded. In some cases, it may be necessary to make further enquiries (e.g. using the RESIDENCE QUESTIONNAIRE) before a decision is made.
4.1.4 It would be extremely rare for absences exceeding 900/540 days to be waived. Applicants with absences exceeding 900/540 days should normally be refused and invited to re-apply when they are better able to bring themselves within the statutory requirements. If the circumstances of an individual case suggest the waiver of absences on this sort of scale, the papers should be considered at a senior level.
4.2 All cases involving consideration of the exercise of discretion for the reasons at c. and d. in paragraph 4.1.2 and in paragraph 4.1.4 above should be sent to INPD(L) Policy Section for noting on completion, whether the application is granted or refused.
5. Excess absences in the final year
5.1 In s.6(1) cases, we should normally exercise discretion over absences in the final year only if the future intentions requirement is met (see Annex G). If that requirement is met, and in s.6(2) cases, the following should apply:
5.1.1 Total absences not exceeding 100 days - normally disregard.
5.1.2 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.
5.1.3 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are not met - consider disregarding only if:
a. applicants have demonstrated that they have made this country their home by establishing home, family and a substantial part of their estate here; and
b. the absence is justified by Crown service or by compelling occupational or compassionate reasons, taking account of the examples at b, c. and d. in paragraph 4.1.2 above.
5.1.4 Total absences exceeding 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if the criteria in paragraph 5.1.3 are met.
5.1.5 Total absences exceeding 180 days where the residence requirements over the full 5(3) year qualifying period are not met - consider disregarding only in the most exceptional circumstances and where the criteria in paragraph 5.1.3 are met (a decision to waive excess absences in these circumstances should be referred to INPD(L) Policy Section for noting on completion).
