Last year absence over 100 days

[grasshopperwin]

Hi all,

I know this is not a brand new topic and there were discussions in other threads in the past few years. Reason Why I still raise this is that I hope to get more advice/insight specifically on my case. And more importantly I hope there are more people who were in similar situation can share their successful/unsuccessful experience to help people like me to plan out the application and career wisely.

I hold ILR for nearly two years and thinking to apply for British Citizenship. It's part of my job to travel to visit customers. In the first 3.5 years of the past 5 years period, I only travel 2-3 times a year and every journey is reasonably short (1-2 weeks). Only from one and half year ago, I start to travel much more frequently and each travel before much longer with the longest one being 60 days. So the end results is that my last 12 month absence is around 160days but the total absence in 5 years is still below 400days.

Looking at the UKBA website, it seems I can ask for discretion for my last year absence as I met all the other criteria. However I will need to demonstrate 'links through the presence here of family, an established home and a substantial part of their estate'. I own a flat and have been paying mortgage and council tax. I have also being paying income tax and NI. The one I worry about is the 'family' bit. I am not married and nor do I have any kids. So I don't have any family member here in the UK.

Reviewing the few successful cases in the forum which absence were granted, applicant normally does have partner and kids here. Is this my weak point in arguing for discretion? I have been talking to a solicitor. I was told that I have a chance but can't guarantee anything. I have not been given much confidence during the conversation. I was also told that there is no consistency on decision when cases need discretion are reviewed. Really? Has the solicitor just been conservative to manage client expectation or I genuinely do not have a strong case here?

Can anyone share some insight or past experience. Apart from sharing how many days you were away, can you also share more of your status at application like family, job etc which, I think, will make your experience a better reference for people under similar circumstance.

Reason why I do not want to wait is that after being more and more experienced, my travel can only be more but not less unless I change my role. But I am really enjoying what I am doing.

Any feedback would be much appreciated.

Best regards,
Bill

[grasshopperwin]

right, find an useful link. This gentleman's case is reasonably similar as mine. Not sure what he provided as support documents but thought I shall still paste the link here for people who is under similar status to read as a reference:

http://www.immigrationboards.com/viewto ... 081#869081

Any further comment/experience sharing are still very welcomed.

[noajthan]

Discretion can go either way, case by case and caseworker by caseworker.

[grasshopperwin]

Discretion can go either way, case by case and caseworker by caseworker.

Thanks for your reply. Understood caseworker's subjective judgment is a key factor here. However I am looking to understand from other people's previous experience that:

If they passed, what's their status at the time and what did they provide to justify the discretion.

If they failed, what's the reason been given.

Cheers,

[noajthan]

Well the factors are published (family ties, estate in UK & etc etc).
Individual cases may not help you as they are assessed individually.

If you cannot engineer your life to reduce travel and defer application so some of accumulated excess 'times out' you will just have to take your chance.