Naturalisation by discretion-absence more than 450 days

[zoyya khan]

Hello guys,

Sorry for such a long post...But I need some advice on my case

I have 658 days of absence in the last 5 years.

514-->2017/2018
144 --> 2020

Details:
I came to UK in may 2012.
I got my ILR in 2017.

Absences:

2017/2018
I mom got sick (she had a surgery for the third time and needed constant care).So had to travel back to my country to take care of her.
(from June 2017-Nov 2018)-->514 days

Evidences I have:
1) My mom's medical Records(surgery)
2)I was still director of my company in this period (self employed)(but dissolved after I came back)
3)Personal Bank Statement to show I had money here

2020
My mom got brain stroke this time and had to travel back, Initially just for a month but got struck there due to pandemic.
(from march 2020-July 2020)-->144 days

Evidences I have:
1)Return ticket that was booked originally (only a month stay was the plan)
2)My employment Pay slips
3)Rents I was still paying for my apartment
4)Personal Bank Statement to show I had money here
5)My mother's medical records(Stroke)

So, keeping all this in mind, providing the mentioned evidences, can I apply for Naturalization under discretion this year maybe in Mar 2021 ?
only thing is that I am single, so can't prove the family settlement criteria. How much is the success rate in this case?
As you can see if I have to wait till the qualifying period, then I can only do it in early 2024 ?

Please your advice is very much appreciated!

Thanks

[obormot]

We just had a success with my 75 years old mother, who was out of the country for about 56o days.

But:
She was in UK practically all last year (about 30 days absences only)
She never was out of country for more then about 4 months per year (and more then 2.5 months at a time)
I had evidence that she several times got accident (like broken bone) or aggravation of health while abroad, and had to postpone return
She does not speak english, so we wrote in cover letter that she often has trouble talking to doctors here and feels dismissed, so she needs to consult doctors in her native country
As for ties:
she did not have much (she is my dependant), but I am here with family, job, and being homeowner, which I showed.

It is a gamble in my opinion - when I was searching for success stories evidence was scarce.
It seems that application by discretion is really at a mercy of the officer who considers it.
In your case, as a minimum, you might consider postpone applying till, say, May 2021, to bring the number of days away in last year below 90.
That way you would violate only one requirement, not two..

[zoyya khan]

@ Obormot,

Thanks for reply.

We just had a success with my 75 years old mother, who was out of the country for about 56o days.

Ah! I see!Good to know you had success!

It is a gamble in my opinion - when I was searching for success stories evidence was scarce.
It seems that application by discretion is really at a mercy of the officer who considers it.


Yes! That could be true! The only problem is losing my money which I don't want!

In your case, as a minimum, you might consider postpone applying till, say, May 2021, to bring the number of days away in last year below 90.
That way you would violate only one requirement, not two..

Thanks for the advice, you are right! I will do that in this case. As you already said, success stories are scare, I am still skeptical to apply anytime this year as total absence is more than 450 days!

[CULLINAN]

Note you have to meet two criteria. First, you should not have more than 450 days absences from UK in the last 5 years. Second, you should have no more than 90 days absences in the last 1 year. Also, you must be physically present in UK at the start of the qualifying period.

The specific guidance:
Page 11

https://assets.publishing.service.gov.u ... ber_20.pdf

Page 16

https://assets.publishing.service.gov.u ... 7.0ext.pdf