I have a questions regarding excess absences during 5 years QP: I am looking to apply after 6.5 years of residence and will have total of 570 absences in the 5y qp. However, around 210 of those are due to business travel (unavoidable nature of my work). Can some of the senior members please advise whether I am eligible and can ask for discretion? Or, if anyone had experience with similar application, it would be much appreciated If you can share it here.
An immigration advisors advised I will not be eligible unless I have been resident for at least 7 years prior to the application. However, my understanding of Annex B to Chapter 18 of "Nationality instructions" is that, in case of excess absences, one has to EITHER have been in the country for 7(8) years OR the excess absences to have been an unavoidable consequence of the nature of a career (for example someone in UK-based business or employment which requires frequent travel abroad)”.
Here is full paragraph 4.2.1:
4.1.2 “Total Absences of up to 900 (540) days - consider disregarding only if the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here”.
We should also expect:
a. at least 2(1) years residence (without substantial absences) immediately prior to the 5(3) year qualifying period. If the period to be disregarded is greater than 730 (450) days, the period of prior residence should be at least 3(2) years; OR
b. the excess absences to have been due to either:
i. to postings abroad in Crown service under the government of the United Kingdom or in service designated under section 2(3) BNA 1981 (see paragraphs 9.3-9.4 below in relation to technical absence for Crown service, and Annex B to Chapter 4 for designated service). [NB. Special provisions are in place for current and former members of HM Armed Forces (see Annex B(i))]; OR
ii. to accompanying a British citizen spouse/civil partner on an overseas appointment (see also paragraph 6 below where the appointment is in Crown or designated service); OR
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.
My understanding is that there are 2 conditions:
1) Application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here, and
2) Any one of the conditions mentioned under a., b., c., or d..
My understanding is based on “or” after each of a, b and c, meaning that any one of the points is sufficient.
It would be great if you can confirm my understanding of this paragraph, and whether you believe I can apply under these circumstances.
Thanks so much!