Naturalisation and Excess Absences

[SParida]

Hi,

In the last 5 year the total no of absence I have is 550 days. As per the page - 8 of the ‘AN_Booklet-_October_2015’ there is a provision where absence up to 730 days will be considered if someone is resident in the UK for the last 7 years. I am in UK for 10 year.

There is also mentioned on page -8 as below that absence normally disregarded only if – (b) You have established your home, family and a substantial part of your estate here.

Absences normally disregarded only if:
a) you meet all other requirements; and
b) you have established your home, family and a substantial part of your estate here.

900 days
Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.
For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons detailed in section 5A1 below.

- Does the above (b) is a mandatory requirement in addition to 730 days in 7 year residence requiremnt.?

- I am completing 10 year and absence is 550 days which is less than 730 days. Do I qualify to apply for Naturalisation under the 5 year category.?

- I am a TAX payer for 10 year and also have my UK pension but no property.

[SParida]

Hi,

My situation is I have some extra absence in my last 5 year period for which I have to satisfy the below condition.

"you have established your home, family and a substantial part of your estate here."

I am have my family(wife) in UK and staying in a Rented house and I am also a Tax payer in UK.

Hope someone can help me undestand if I am ok to apply for BC.

Many Thanks in Advance.

Sambeet

[CR001]

Hi,

My situation is similar to haiksuresh where I have some extra absence in my last 5 year period for which I have to satisfy the below condition.

"you have established your home, family and a substantial part of your estate here."

I am have my family(wife) in UK and staying in a Rented house and I am also a Tax payer in UK.

Hope someone can help me undestand if I am ok to apply for BC.

Many Thanks in Advance.

Sambeet

Please keep to your original thread. Renting a house is not part of your estate (owning a property is or investments etc). Everyone working in the UK is a taxpayer because it is law to pay tax. What is your wife's immigration status? What are your total absences for the last 5 years?

Edit : Topics merged now

[SParida]

Hi,

My situation is similar to haiksuresh where I have some extra absence in my last 5 year period for which I have to satisfy the below condition.

"you have established your home, family and a substantial part of your estate here."

I am have my family(wife) in UK and staying in a Rented house and I am also a Tax payer in UK.

Hope someone can help me undestand if I am ok to apply for BC.

Many Thanks in Advance.

Sambeet

Please keep to your original thread. Renting a house is not part of your estate (owning a property is or investments etc). Everyone working in the UK is a taxpayer because it is law to pay tax. What is your wife's immigration status? What are your total absences for the last 5 years?

Edit : Topics merged now

Hi CR0001, Apologies for the confusion as I am quite new to the forum so not sure where all I need to put my commnets into. Thanks for sorting that out.

Actually I came to UK in 2005 and taken my ILR in september'2011. But in the year 2013, I went to India for almost a year. So if I count from now(Nov'2015) and go back 5 year then I have 550 days of absence. My wife has got dependent VISA on my ILR and she with me in UK for 1 year now..

Do you believe I qualify for the BC. If not can you guide me what the best way I can prove it.

Many Thanks for your advise and help....

[CR001]

I would suggest you wait till your absences are within the limit if you do not have a substantial estate or family (British) here.

It is a lot of money to lose for 110 days over the limit based on 5 years residence. 3.5 months is not that long to wait.

You can take the risk if you wish, but it is an application at discretion and not guaranteed at all, but an expensive risk though.

[Just Wondering]

I obtained citizenship in October 2013 and requested discretion be applied.

1.) I did not own any property. I rented. I had no property in any other country. I had my primary pension in the UK. I am a solicitor qualified in England and Wales - so professional ties to the UK.

2.) My husband was (and still isn't) British. He wasn't even here on my visa, but in his own right. The rest of my family is in the USA and his family is in Australia.

3.) I was absent for 540 days over the 5 year period. I met the 12 month period. I had lived in the UK for several years prior to the 5 year period without substantial absences.

4.) As CR001 said, it is discretionary so it is not guaranteed.

[SParida]

Many Thanks CROO1 & Just Wondering for your kind reply,

Hi CR001, Can I aks you when you say 3.5 months you mean 3 and a half month. If yeas could you please advise me how I will qualify after 3.5 mnths. As per my understanding I have to wait till 2018 to be below 450 days. Please advise.

Hi Just Wondering, I also have the exact situaltion like yours. All the above 3 points that you mentioned is 100 % mathcing in my case as well. Even I had lived in the UK for several years prior to the 5 year period without substantial absences.

While applying for discretion did you have to add any extra documents or support notes to add value to your request? or anything that helped you to get citizenship.

Please advise. Many thanks in adavnce.