90 days test

[Testing123]

Hi all,

I just got ILR and now looking into naturalisation.

I understand from the date of ILR I need to reside in the UK for 1 year, with the exception of 100 days (90 days is allowed and the guidance says 10 days is an additional lee way).

I don’t have property in the UK, have got a sizeable pension pots and have a couple of relatives here.

If I go above the 100 days, would it be a simple case of the case worker rejecting my application?

I did read that the Secretary (?) has remit to ignore the 90 days if I appeal to them. Is that true?

Anything I can do about going over the 100 days?

[alterhase58]

Hi all,

I just got ILR and now looking into naturalisation.

I understand from the date of ILR I need to reside in the UK for 1 year, with the exception of 100 days (90 days is allowed and the guidance says 10 days is an additional lee way).

I don’t have property in the UK, have got a sizeable pension pots and have a couple of relatives here.

If I go above the 100 days, would it be a simple case of the case worker rejecting my application? Not necessarily. If you feel it necessary to apply with over 100 days then it would be advisable to explain yourself. You are relying on discretion.

I did read that the Secretary (?) has remit to ignore the 90 days if I appeal to them. Is that true? "Home Secretary" - you don't appeal to the Home Secretary. Caseworkers and Managers work under the regulations laid down by the British Nationality Act and the Home Secretary. And it's a discretionary application - on both sides.

Anything I can do about going over the 100 days? Have you considered delaying your application until you are around the 100 mark? May be easier to plan to meet the requirement than to plan on obtaining discretion. You have a year!

[Testing123]

[quote=Testing123 post_id=2116787 time=<a href="tel:1685338737">1685338737</a> user_id=275781]

If I go above the 100 days, would it be a simple case of the case worker rejecting my application? Not necessarily. If you feel it necessary to apply with over 100 days then it would be advisable to explain yourself. You are relying on discretion.

thanks for your thoughts. I’ve heard just having a pension pot, a couple of relatives in the UK is not enough to constitute ties. So what kind of circumstances would you be referring to?

Anything I can do about going over the 100 days? Have you considered delaying your application until you are around the 100 mark? May be easier to plan to meet the requirement than to plan on obtaining discretion. You have a year!

haha I thought about it. On that is travel to Commonwealth countries allowed or is that considered travel outside of the UK?

[/quote]

[alterhase58]

[quote=Testing123 post_id=2116787 time=<a href="tel:1685338737">1685338737</a> user_id=275781]

If I go above the 100 days, would it be a simple case of the case worker rejecting my application? Not necessarily. If you feel it necessary to apply with over 100 days then it would be advisable to explain yourself. You are relying on discretion.

thanks for your thoughts. I’ve heard just having a pension pot, a couple of relatives in the UK is not enough to constitute ties. So what kind of circumstances would you be referring to?

There's no specification as to what is sufficient to include, it's really down to what you think could conceivably convince a caseworker and their managers to apply discretion

Anything I can do about going over the 100 days? Have you considered delaying your application until you are around the 100 mark? May be easier to plan to meet the requirement than to plan on obtaining discretion. You have a year!

haha I thought about it. On that is travel to Commonwealth countries allowed or is that considered travel outside of the UK?

All travel outside the UK - there's no exception for visiting Commonwealth countries, and that could be discrimination against other nationalities .....

[/quote]

[secret.simon]

haha I thought about it. On that is travel to Commonwealth countries allowed or is that considered travel outside of the UK?

All travel outside the UK - there's no exception for visiting Commonwealth countries, and that could be discrimination against other nationalities .....

For the purpose of nationality law, it is absences from the UK and Islands (the Channel Islands and the Isle of Man) that matter. That needs to be less than 90 days in the year immediately preceding the date of application.

As an aside, for immigration purposes, it is travel outside the CTA (UK and Islands and the whole island of Ireland) that counts.

I did read that the Secretary (?) has remit to ignore the 90 days if I appeal to them. Is that true?

There is discretion for the 90 day limit to be ignored if (a) that is the only requirement for which discretion is required to set aside (i.e. you meet all the other requirements) and (b) you give them a reason to exercise the discretion (so you'd have to list the reasons for your absence).

[Testing123]

Thanks for the conceptual thoughts.

Has anyone on here got anecdotes they can DM me on circumstances where they breached the 90 (+ 10 days).

[Testing123]

Thanks for the conceptual thoughts.

Has anyone on here got anecdotes they can DM me on circumstances where they breached the 90 (+ 10 days).

[meself2]

Just a heads up, you can't be DMed as per forum rules at the moment.

[Testing123]

Ah thanks. Anything I can do about it?

[meself2]

Not really. Help people out here and you'll gain the right to do so.
I'm, honestly, not sure what exactly would you expect - everyone's circumstances could be different. For example, someone fulfilling all other requirements, but working as a crew member on a ship might have their absences disregarded (and might not).
If you're not sure, just sit still in the UK for a year and go ahead with peace of mind (assuming everything else is in order).