Help! Potentially unique case: Application for BC

[slashhypha]

Hi All,

First of all I want to thank the creators/moderatore/every of other participant of this forum its a MASSIVE amount of knowledge sharing that helps many of us alike, just wanted to drop a note of genuine appreciation!

Now here's my (possibly unique?!) situation:

1) I qualified for ILR August 8th 2012 ( 3yr WP + 2YR ILR )

2) Between August 8th 2012 and August 8th 2013. I've been absent of the country on a
temporary work placement which has now been completed.
However my total days outside the country amounted to 315 days (320 days if extremely pragmatic i.e. counting all travel stamp dates as inclusive )

3) My total number of days outside the country in the past 5yrs is 469 days ( 478 days if extremely pragmatic i.e. counting all travel stamp dates as inclusive )

4) I meet all other requirements in terms of good character

My question however is as follows:

A) Have I broken my residency qualification period being in the USA for a year for work reasons? i.e. is my fate limited to some kind of disgression?

B) What addresses do I list for my 5yr proof of residency? Because of those 315 days I was still in the USA.
( However all my UK correspondence still came to my UK address at the times )

C) Would anyone know if someone who had a similar situation in the past?

In a nutshell, am I screwed? Or is there still some hope in getting that all mighty red passport?

ANY HELP OR POINTERS ALWAYS APPRECIATED

Dan

[VR]

slashhypha,

Did you work for a British Company in the US?
Do you have your own home here? Is your family or next of the kin here?

Now in the Final year you were absent for 320 days. They will exercise discretion as follows;


If you have been absent from the UK for more than 180 days in total during the final year, we will only disregard the absence if:

you have met the residence requirements over the qualifying period;
and
you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here;
and
the absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason.

If your absence lasted more than 180 days and you have not met the residence requirements over the qualifying period, we will only consider disregarding the absence in exceptional circumstances.

Residence Requirements - Please confirm this

1. Physical presence in UK 5years before the date you apply

2. You should not have been outside UK for more than 270 days in the 3 years before you make your application.... This is OUT.

3. 90 days limit in 12months before application... This is OUT

4. I presume you are not in violation of any immigration rules.

CONCLUSION:

They Normally Disregard absences upto 480 days for 5year qualifying period.

I believe you still have a good chance of getting your Naturalisation. However You will need to prove that the period you have been out is because of

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;

I suggest you take expert legal opinion on this matter. PM me and I will give you the proper direction. I am doing it strictly to help you. I do not want it to be misconstrued by posting openly here. Purely as a migrant who has been through this torrid journey.

In UK Money Talks and Bullshit walks. There are a lot of quacks that take money and goof up. There are also the BEST OF THE BEST that know how to get something done but they come at a cost. But you can be sure they will tell you what is needed for you to reach your goal and if you can provide that info, you will be through.

Good luck.
cheers
vr

[Amber]

Physical presence in the UK 3 years or 5 years before VR? Moreover, the absence limits are greater for those who have to be resident in the UK for 5 years.

Is the OP the spouse or civil partner of a British Citizen?

[VR]

Corrigendum

Ignore the typo. Physical presence in UK 5 years before the date of the application.

Also Assumption OP is making a 6(1) application as he does not mention anything about family.

For people who have been in UK for 5 years they normally exercise positive discretion upto 480 days provided all other residential requirements are met.
cheers
vr

[slashhypha]

Many thanks for your responses!

vr - I greatly appreciate your help, will PM you right away.

I was never aware of the clause below, now I feel a bit daft if I'm perfectly honest.. Would you by any chance have a link to that clause below?

-----------------------
2. You should not have been outside UK for more than 270 days in the 3 years before you make your application.... This is OUT.
-------------------------

I can confirm the following:

1) I work for a US multi national company but hired as a UK employee in their London offices, the stint abroad was an assignment in their US offices
2) I was physically present in the U.K 5 years from the date of which I will be applying
3) I have 1 siblings who is a British National but my parents are foreign (so I feel thats of no use)
4) I own a property in the U.K which I acquired in February (I bought off the shared ownership scheme, so I actually only own 25% but technically this should work I hope)
5) I am not married (so not a spouse of an EU national)

Again many thanks
Dan

[VR]

Dear slashhypha,

Points 3 and 4 are going to be the clincher for your case.
and point 1 can be presented to your advantage (gaining international exposure and bringing back higher skills to UK).

The link to my point 2. Naturalisation Booklet since you are not applying through the spouse route ignore.

Have PM'd you. Looks good.
cheers
vr

[slashhypha]

So is the conclusion the same? Given those facts?

P.S: Didnt recieve your PM yet

Cheers,
Dan

[VR]

Dan,

sent.... Conclusion is : Looks Good my friend.

Good luck
cheers
VR