Excess absences due to business travel

[marijuska]

Hi everyone,

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!

[milan69]

If you apply for discretion it is not guaranteed that your application will be approved.
Having said that I've applied for discretion having had 125 days of absences in the final year and I have stated that I made UK my home, together with my family and that large part of my estate is in the UK.
As far as your 210 days of absences are concerned, were you employed at the time for UK based company ( see under c.)?

[marijuska]

Milane, thanks so much for your answer.

Yes, I am actually self employed and my company is UK registered and based. I also contract with UK based companies to provide services, and then they send me to clients abroad. So, it fits the criterion outlined in c. So I wonder if that is sufficient and I don't need to wait for full 7 years residence (criterion a.).

Another question: In regards to proving that one has made UK their home, established family and have substantial part of their estate here -
- How can a single person without children prove to have established family here (I must say that this request makes me feel discriminated)?
- What do they consider as estate except for real estate? I don't own real estate, but I own UK based company, have my savings invested in the company and in UK banks, my pension is in UK funds but I rent here. So, all my estate is indeed here, however my estate is not in a form of property.

Did anyone have similar experience and what was the outcome?

Milane, do you have any views on this?

Thanks so much!!!

[milan69]

Estate means your personal possessions amd it does not have to be real estate. Having your business established on UK goes well in proving that you have settled here and that you have made UK your home.

[marijuska]

Many thanks Milan, that is extremely helpful and very much appreciated.

[Pari_in_kwest]

I'm in a similar situation. I have had more than 600 days absences in the past 5 years. However, I have managed to brought my last year absences to 90 days. I'm an independent consultant. Pay may taxes here and have lawfully made UK my home for the past 13+ years. Could someone share their experiences or advice me if I can apply or do I need to wait a bit longer before I could apply? I'd really appreciate your response.

[milan69]

Were your absences due for working for UK based company?

[Pari_in_kwest]

I'm self employed. I haven't got a company. I pay my taxes here. I'm an international development worker and provide services to international organisations based in conflict zones.

[milan69]

No one can guarantee that the outcome will be 100% positive should you apply for discretion. Making UK your home together with your family and having most of your estate here does help your case. I had over 120 days of absences in the final year and my application was successful.
At the end of the day it is up to you to decide as the only thing you potentially could lose is the fee.

[Pari_in_kwest]

Would 13+ years I have spent in this country not count? They say if you have been outside the country for 900 days, you should have been here for the past 8 years. Please could you clarify?

[milan69]

It does count to a certain extent and I guess case worker will take all factors in account when deciding.
I think you well within standard requirements regarding discretion and you should have a good chance.

[Pari_in_kwest]

Thanks Milan, really appreciate your response. A couple of more queries if you don't mind responding:

1. How do I proove that I have maintained UK my home? I'm single and don't own a property.
2. Can I apply NCS? Will they return my passport?

What have been other people's experiences?

[milan69]

You don't have to own a property, you can live in rented one. I strongly suggest you use NCS as they will check and copy your documents and return originals to you.