Naturalization: Out Of UK for 45 days / Family Hospital

[walldorfian]

dear friends,

i was out of uk to visit my family, who underwent hospitalisation and ended up staying for 45 days. we have sufficient proof to highlight the time spent in the hospital.

now, i am asked to go out of uk to work in europe on a weekly basis (mon to fri fly ). i have a feeling, the number of days would add up to 110 days ( 20 days above the limit!) even after ignoring mondays and fridays as days-out-of-country.

shall i request discretion from caseworker as majority of the time was spent in taking care of family and my residence continues to exist in uk.

walldorfian

[fwd079]

dear friends,

i was out of uk to visit my family, who underwent hospitalisation and ended up staying for 45 days. we have sufficient proof to highlight the time spent in the hospital.

now, i am asked to go out of uk to work in europe on a weekly basis (mon to fri fly ). i have a feeling, the number of days would add up to 110 days ( 20 days above the limit!) even after ignoring mondays and fridays as days-out-of-country.

shall i request discretion from caseworker as majority of the time was spent in taking care of family and my residence continues to exist in uk.

walldorfian

You're asked now to do it, when are you planning to apply for Naturalisation? If its in few months and you were out only for 45 days then you are good to apply without providing any clarifications, if its next year then yes, you will have to ask for discretion.

[jojo351]

I think you are alright one this, but my personal opinion, request the SAR record to be certain and prepare evidence according to the record in order to shorten the waiting time.

[walldorfian]

Hi,

I am applying in 6 months time. my current assignment may require spending 12 days/month and i would surely exceed the 90 days.

how can i ask for discretion?. is there a separate section for that or would it be a mere cover letter?

walldorfian

[walldorfian]

[quote="jojo351"]I think you are alright one this, but my personal opinion, request the SAR record to be certain and prepare evidence according to the record in order to shorten the waiting time.[/quote]

Hi,

What is a SAR record? How can i prepare evidence apart from the hospital bills / family relation / home in uk

many thanks
walldorfian

[cs95tdg]

now, i am asked to go out of uk to work in europe on a weekly basis (mon to fri fly ). i have a feeling, the number of days would add up to 110 days ( 20 days above the limit!) even after ignoring mondays and fridays as days-out-of-country.

Are you able to apply for naturalisation before you begin the work related travel? Or before you end up exceeding the 90 day threshold?

[walldorfian]

Hi,

No!. I am eligible on december 5th. my travel out of uk for family in hospital situation occured between december 25th - feb 6th (~42 days!) plus one business travel to europe.

thank you
walldorfian

[cs95tdg]

When it comes to absences during the last 12 months prior to your application - they would normally disregard anything upto 100 days (90 is the standard limit) & there is information on how they treat those who have exceeded that threshold under the guidance below. See page 8 & 9 for details. https://www.gov.uk/government/uploads/s ... n_2015.pdf

[walldorfian]

Hi,

Thank you!

What does this mean?

[color=#0000FF]you have demonstrated links with the UK through presence of
family, and established home and a substantial part of your
estate; and[/color]

I have paid my rent while i am away, i have my salary , etal being generated while i am away.

would that be fine?

Many thanks
walldorfian

[fwd079]

You have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate;

It means, either you own a house, or have family (wife/kids) living here in UK.

[walldorfian]

[quote="fwd079"][quote]You have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate; [/quote]

It means, either you own a house, or have family (wife/kids) living here in UK.[/quote]

Thank you!

Does it mean ,

My case would get rejected as I do not own a home in uk? And my wife was with me during the 45 days long India visit and stays with me right now?

Sorry, the questions are silly!!

[fwd079]

Does it mean ,

My case would get rejected as I do not own a home in uk? And my wife was with me during the 45 days long India visit and stays with me right now?

Sorry, the questions are silly!!

If you cannot prove ties to UK and are out of UK for more than 90 days in last year, Home Office views you as not someone willing to make UK as home, instead, just want to gain Naturalisation merely for the benefit for it.
Since citizenship is a privilege not a right ( page 8 ) the Home Office can and will view you as someone suitable for Citizenship, and now that you are already on ILR, so can live here permanently without having to have a need for Naturalisation, so your human rights aren't violated hence you will not have a right of appeal either.

Now you can make up your mind, whether or not you'd like to make UK your home and fulfil requirements for that, or choose a dream job and think about Naturalisation later, or not at all. Good luck.

[walldorfian]

Hi,

This is informative!.

Am I right in assuming any 12 month period preceding the naturalisation application should and must satisfy the 90/100 day rule before i apply ( please note : i do qualify in all other aspects (450 days in 5 years / legally residing and working / present on the date of application / english language and life in uk test cleared / ilr for 12 months minimum / etc).

In case 120 days on december 6th is not advisable, my next opportunity would be february 6th when the 45-day out of uk visit for family care would be overcome (date wise).

Thanks,
walldorfian.

[cs95tdg]

Am I right in assuming any 12 month period preceding the naturalisation application should and must satisfy the 90/100 day rule before i apply?

The 12 month period in question here (there is only one - don't quite know what you mean by any above), is the one immediately prior to your application date. You need to satisfy the requirement as explained in the AN form guidance to which a link was provided. So if you decided to delay your application until February 6th 2016, the 12 month period would be counted back from that date.

In case 120 days on december 6th is not advisable, my next opportunity would be february 6th when the 45-day out of uk visit for family care would be overcome (date wise).

Many applicants have delayed their applications to satisfy the absence threshold and thereby not rely on discretion (which may or may not be applied depending on an individual's circumstances), so that's certainly an option that you can consider.

[walldorfian]

hi

thanks

My use of word "any" was a generic usage, say I decide August 2016 instead of December 2015!

Anyways, 100 days in last 1 year on December 2015 vs 90 days in last 12 months on February 2016 sounds the same to me

Sorry, my estimate of 120 days on December 2015 still holds good. I just need to find a way to reduce the 20 days!

Thanks, walldorfian