British Citizenship- Long absence in final year

[ILR2013VA]

Dear Experts,

Thanks for your valuable advice for my ILR earlier. Now I am planning to apply for my UK Naturalization in next month.
I have only one concern , i.e long absence in final year. Below is my case, I need your advise:

Current nationality : India
Visa: 5 yrs Tier 1 + 1 yr ILR
Total number of absences: 421 ( 200 business +221 personal)
Final Year absences - 152 ( Business related, traveled to India), I work for top IT consulting company in UK, company has given letter for this trip as it is related to Business.

I can wait for some time to come under 100 days absence but I have few trips planned in near future /again for business related.
So I'm thinking to apply for Naturalization in next month, Is Business related absence in final year considered as discretion? ( I have permanent employment in UK, Wife & Child has ILR & I rented the house for past 3 1/2 years)

I tried to find out in forums if business related absences are being considered for discretion but couldn't find. Please accept my apologies if already a thread was posted.

Please advice.

Thanks
Babu

[Amber]

See section 4 of https://www.gov.uk/government/uploads/s ... dments.pdf

[ILR2013VA]

Hi Amber,
Many thanks for your reply.
Yes, I referred this PDF already, but I didn't see work related absences in final year.
I would like to know if my situation has chances for approval or not,. Can you please advice?
It is just to have experts guidance

Thanks
Babu

[fwd079]

Hi Amber,
Many thanks for your reply.
Yes, I referred this PDF already, but I didn't see work related absences in final year.
I would like to know if my situation has chances for approval or not,. Can you please advice?
It is just to have experts guidance

Thanks
Babu

Amber can tell you better but as far as I know absence is absence and not "professional/personal". Also I think its then purely the choice of Case Worker to give discretion on leaves.

[milan69]

5.1.2 Total absences of more than 100 days but not more than 180
days where the residence requirements over the full 5(3) year
qualifying period are met - consider disregarding if applicants
have demonstrated links through the presence here of family,
an established home and a substantial part of their estate.

5.1.3 Total absences of more than 100 days but not more than 180
days where the residence requirements over the full 5(3) year
qualifying period are not met - consider disregarding only if:

a. applicants have demonstrated that they have made this
country their home by establishing home, family and a
substantial part of their estate here; and
b. the absence is justified by Crown service (but see also - 10 -
paragraph 9.4 and Annex B(i) below if the applicant
is/was in the Armed Forces) or by compelling
occupational or compassionate reasons, taking account
of the examples at b, c. and d. in paragraph 4.1.2
above.

4.1.2
c. the excess absences to have been an unavoidable
consequence of the nature of a career (for example a
merchant seaman or someone in UK-based business or
employment which requires frequent travel abroad); or

d. exceptionally compelling reasons of an occupational or
compassionate nature to justify naturalisation now,
including, for example, because the applicant has a firm
offer of a job for which British citizenship is a statutory or
professional requirement.

[ILR2013VA]

Hi Milan,

Thanks for your time.

It seems my case should be fine, as all holiday is related to Business and also company has given letter.
I don't have any other concerns which can stop my application.

I'm expecting your expertise suggestion as you might seen similar successful applications in past.

Please suggest

Thanks
Babu

[milan69]

I was absent for 122 days in the final year due to traveling and I have applied for discretion. I have received my approval 8 weeks later.
You have to state that you have made UK your home, together with your family and that majority of your estate is in the UK.

[ILR2013VA]

Hi Milan,
Congrats and glad to hear you got approval.
I don't have own house in UK , I rented it for last 3 years+ continuing, and both wife& child has ILR.
I work for IT Consulting company for last 3 1/2 years on Permanent basis, they will give a reference letter for future as well.
Will it be ok for discretion? or please guide me if anything required.

Thanks
Babu

[milan69]

I also rent a house and I stated that. Your family lives in UK with you and you just have to state that majority of your assets are here.
I don't think you need to submit proof of your employment as that is not a requirement for naturalization but if HO needs any additional proof they will ask you for it.
Your case looks just fine to me.

This is what I wrote when I applied for discretion:

"I wish to state that I have made the UK my home together with my family - my wife and 16 year old son who are both British citizens and live in the United Kingdom. With my family, I live in a rented house which is in my name. In addition, I have a large part of my estate in the United Kingdom. In the past few months, due to the nature of my work, I had to spend several weeks working abroad and therefore I am requesting for discretion to be applied with regard to the requirement to have not been absent from the country for more than 90 days in the final year."

[ILR2013VA]

Many thanks for your support Milan.
Only difference in my case is- my family has ILR but should be ok I believe.
I'll include a reference letter from my employer saying that " UK Naturalization/Passport will be a professional requirement for me to support their business in Europe". Would it be helpful?
I will plan now to go ahead to submit my application in next month

Thanks again!

[milan69]

It is only important that your family is here, living with you.
Since your absences were due to working for UK based company than I guess a letter form your employer would help and I suggest you phone NCS and check with them.