Merchant Seaman 230 days out of UK in the last 12 months

[zuzu80]

Hello,

I am a Merchant Navy Deck Officer and I have the ILR since 02.10.2012. I have applied through NCS last week for naturalisation but my application was rejected. In the last 12 months I have 230 days out of the UK due to my type of work (Merchant Seaman). As far as I now from the Home Office website, discretion should be applied for people working in Crown Service, Merchant Seaman etc. even for more than 180 days spent out of the country. I have 160 days once (October 2013-March 2014) and another 70 days (June to August 2014)so a total of 230. The lady from NCS phoned an Officer from the HO and she explained him my situation saying that I was out of the country for more than 180 days in the last 12 months. And he said that my application has not a chance to succeed because I have spent more than 180 days out of the country in the last 12 months. But on the AN guides it says that discretion may be applied for a Merchant Seaman for more than 180 days out of the UK. I had all the original documents with me like Seaman Discharge Book, Certificate of Competency etc.
After I left the building I realised that maybe the guy on the phone thought that the lady said that I have spent 230 days out of the UK at one time. Does it make a difference? Any similar situations? Where I should ask for a second opinion?

Thank you

[swbai]

Hi there,

I had a similar problem to yours. My NCS would not accept my application because of the advice given to them when they rang Home Office.

My situation was the excessive level of absence due to residence abroad because of crown servant. I emailed the Nationality Policy Team in Liverpool, explained my circumstances, and asked would discretion be applied like it says in (my case) Annex B1 to Chapter 18. They replied that they would disregard the absences and even wrote in the email to print it out and attach it with my application. NCS accepted my application and sent it on.

I hope you have a positive outcome.

[zuzu80]

Thanks a lot.....and was your application successful?

[milan69]

It doesn't make any difference how many times you have been out of the country for the last year, it is the total number of days that it matters.
Have in mind that when applying for discretion that it is not guaranteed that the outcome will be positive. Also it depends how you read the rules as it can also be interpreted that anything over 180 days will almost certainly be rejected:
Page 8 AN Guide:

Please note: Only in the most exceptional circumstances would total absences exceeding 180 days in
the final 12 months of the qualifying period be disregarded if all other requirements were not met

[swbai]

My husband's application, yes! He was pretty much out of the UK (Afghan, Canada, posting in Germany) for probably 4 years out of the 5 year residential requirement - and yes I do know that there is a crown service route for Naturalization but he applied on the 5-year residency and was granted citizenship. His massive absences were disregarded as it says in Ch 18 due to crown service abroad. I on the other hand am waiting as only applied in July ... hope to hear some good news soon.

Thanks a lot.....and was your application successful?

[chiefengineer]

Merchant marine officer. 10 years in UK. Refused naturalization because on the day they receive application 5 years before I was absent on that day.
Actually I was offshore in Southwold. This is not absence from the UK if you are in territorial waters.
Documents resubmitted, we will see how to fight them.

[malanjinho]

Hello,

I am a Merchant Navy Deck Officer and I have the ILR since 02.10.2012. I have applied through NCS last week for naturalisation but my application was rejected. In the last 12 months I have 230 days out of the UK due to my type of work (Merchant Seaman). As far as I now from the Home Office website, discretion should be applied for people working in Crown Service, Merchant Seaman etc. even for more than 180 days spent out of the country. I have 160 days once (October 2013-March 2014) and another 70 days (June to August 2014)so a total of 230. The lady from NCS phoned an Officer from the HO and she explained him my situation saying that I was out of the country for more than 180 days in the last 12 months. And he said that my application has not a chance to succeed because I have spent more than 180 days out of the country in the last 12 months. But on the AN guides it says that discretion may be applied for a Merchant Seaman for more than 180 days out of the UK. I had all the original documents with me like Seaman Discharge Book, Certificate of Competency etc.
After I left the building I realised that maybe the guy on the phone thought that the lady said that I have spent 230 days out of the UK at one time. Does it make a difference? Any similar situations? Where I should ask for a second opinion?

Thank you

Hi friend,
I have come across your thread. Just wondering, how did your application come about?
I am in exactly the same scenario as yours, merchant seaman with long absences. It would be very helpful to get some insights from your case!

[CR001]

Hello,

I am a Merchant Navy Deck Officer and I have the ILR since 02.10.2012. I have applied through NCS last week for naturalisation but my application was rejected. In the last 12 months I have 230 days out of the UK due to my type of work (Merchant Seaman). As far as I now from the Home Office website, discretion should be applied for people working in Crown Service, Merchant Seaman etc. even for more than 180 days spent out of the country. I have 160 days once (October 2013-March 2014) and another 70 days (June to August 2014)so a total of 230. The lady from NCS phoned an Officer from the HO and she explained him my situation saying that I was out of the country for more than 180 days in the last 12 months. And he said that my application has not a chance to succeed because I have spent more than 180 days out of the country in the last 12 months. But on the AN guides it says that discretion may be applied for a Merchant Seaman for more than 180 days out of the UK. I had all the original documents with me like Seaman Discharge Book, Certificate of Competency etc.
After I left the building I realised that maybe the guy on the phone thought that the lady said that I have spent 230 days out of the UK at one time. Does it make a difference? Any similar situations? Where I should ask for a second opinion?

Thank you

Hi friend,
I have come across your thread. Just wondering, how did your application come about?
I am in exactly the same scenario as yours, merchant seaman with long absences. It would be very helpful to get some insights from your case!

This thread is 5 years old and the user hasn't logged into the forum since the only two posts above in 2014. Kindly refrain from digging up topics. Best to start your own stating your circumstances and questions.