Absences in the last year

[Mouse294]

Hi everyone. I am a non-EEA citizen married to the UK citizen and intend applying for naturalization soon on the basis of marriage and 3 years spent in the UK.

My total absences for the 3 years are 240 days (out of 270 allowed) however I have been away for 170 days in the last year (instead of the 90 allowed). The last year’s absences were due to my husband’s work and could not be avoided (unless I wanted to stay alone in England). His contract abroad is temporary and we do intend to reside in the UK after it runs out.

The guide to AN form states that they may disregard absences up to 179 days in the last year provided:
“all other requirements are met and:
a) you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate.”
Does anyone know how I can prove the above?

I am a director of a UK-based limited company and have savings in English banks which I intend showing as well as utility and council tax bills for our rented home in the UK (which we kept paying for despite being abroad for a lot of the time), any other ideas would be appreciated!

[Jambo]

You clearly have established family in the UK, less for the home (as you are renting and don't own your home).

I believe you should be fine as accompanying a British spouse for overseas appointment is one of the reasons allowed for excess absences (see 4.1.2 b(ii).

[Mouse294]

Thanks for a quick reply!

Are there any other documents I could submit with my application to increase my chances?

[Jambo]

I would explain the reason for the absences on page 13 (additional information). If you can provide a letter from your partner employer confirming his travel, that might support your claim.

[Mouse294]

I would explain the reason for the absences on page 13 (additional information). If you can provide a letter from your partner employer confirming his travel, that might support your claim.

I guess I will also have to explain in 6.7 and tick 6.6 (I declare that, although I do not meet all of the statutory requirements for naturalisation, I believe that, in view of the following special circumstances, the Home Secretary should treat me as fulfilling those requirements or waive the need in my case to fulfil them.)?

[Mouse294]

Just in case anyone is in the similar situation, I shall tell you the outcome of my application.

I had an appointment with NCS and ladies there tried to dissuade me from applying until I was within the absences limit. They called the Home Office and were apparently told the application was unlikely to be successful which was really upsetting. They were told that accompanying my husband abroad was not a valid reason for absences. I was however also told that if I worked there, then it would have been a different story.
I booked an appointment for the next day and brought proof that I was working on the same assignment as well (which I did not think was a good thing to mention due to me not having work visa for that country) but it did not seem to make a difference - they called the Home Office again and were told that they would only consider applying discretion to absences up to 130 days and that I should wait another 8-9 months to apply.

I insisted anyway, as I thought the refusal would be very unfair in the sense that despite us working in the country with the lowest tax rates in Europe we kept paying English tax as well as the council tax for the flat we weren't even living in and a whole lot of other things (I wrote a whole letter in case I got refused ).
But in the end, there was no need for it as about 4.5 weeks later I received a letter of approval So thanks everyone for your help!