Excess absences help needed

[pierre]

First of all, what a wonderful forum. It's been a great help on my application so far.

But for now I'm stuck and need help. So first post so please be gentle

Bit about me. French, living in London for past 20 years. Already have permanent residence document and acquired this about 10 years ago

Trying now to apply for naturalisation and have hit a problem in that I seem to like to travel a little too much. Past 5 years absences are 694 days and past 12 months are 159 days

I've tried looking but can't find an answer to this, or maybe I'm not understanding something

My question is as follows

For non-married applicants. On page 10 and 11 of the Guide AN document, or page 7 and 8 of the Booklet AN, it states the rules relating to permitted absences for the past 5 years and the past 12 months prior to the application.

For the 5 year rule it states that up to 900 days absences are normally disregarded if “you meet all other requirements” provided you can demonstrate various matters relating to your home, family and estate

For the 12 month rule it states two options one of which is for “only if all other requirements are met”, and the other for “if you do not meet all the other requirements”

What is not made clear is whether the two rules interconnect which each other. If you have someone who, for example, has 150 days absence under the 12 month rule and 700 days absence under the 5 year rule this means that they do not meet either requirement. Does that mean that they cannot apply at all since on the strict reading of the 5 years rule they do not “meet all other requirements” by virtue of the fact that they do not meet the 12 month rule. Or does it mean that they can apply since the 12 month and 5 year rule are viewed together as one single requirement

Any help or guidance on this would be very welcome

[pierre]

Reading through my own question again I realised that maybe I made it a little too complex.

So to re-phrase

Is it possible to make an application (or more to the point is it likely to be granted) if one exceeds both the 12 month/90 day rule AND the 5 year/450 day rule?

[secret.simon]

Is it possible to make an application (or more to the point is it likely to be granted) if one exceeds both the 12 month/90 day rule AND the 5 year/450 day rule?

Unlikely.

You would be wiser to apply when you do meet the absence requirements. That may require you reducing your travels abroad significantly.

[pierre]

Is it possible to make an application (or more to the point is it likely to be granted) if one exceeds both the 12 month/90 day rule AND the 5 year/450 day rule?

Unlikely.

You would be wiser to apply when you do meet the absence requirements. That may require you reducing your travels abroad significantly.

Thank-you for the advice

Is that an absolute no, or just unlikely. Lots of the trips abroad fit into the essential requirement of my job category, I easily meet two of the conditions on page 16 of the “Naturalisation as a British citizen by discretion” document, and I’d be able to both explain the absences and that the UK is my home

[secret.simon]

Is that an absolute no, or just unlikely.

Just unlikely.

Keep in mind that if refused, you lose the entire application fee and there is no appeal procedure.

[pierre]

Is that an absolute no, or just unlikely.

Just unlikely.

Keep in mind that if refused, you lose the entire application fee and there is no appeal procedure.

OK, many thanks

Any tips on how to word it, I was going to focus on and quote in the application the words on page 17 of the “Naturalisation as a British citizen by discretion” document which states

“of more than 100 days but not more than 180 days where the residence requirements over the full qualifying period are not met” thereby implying that this is a situation where discretion can by exercised (albeit unlikely)

Rather than focus on other words elsewhere which imply it is not a situation where discretion can be exercised