UK citizenship appl - 90 days in last year?

[marr1a]

Hi all,
I am now into year 5 prior prior to applying for citizenship next March.

According to Guide AN (New), the applicant 'should not have been absent from the United Kingdom for more that 450 days of which no more than 90 days should have been taken in the last 12 months'. To date, since arriving in March 2001, I have not been out of the country more than 92 days in total. However, I have just started a new job that may require me to travel abroad quite a bit in the next few months. I am concerned this travel, plus a necessary trip to my home country, will take me over the 90days specified.

The Guide goes on to say that absences up to 480days are normally disregarded...and beyond if...'the excess absences are an unavoidable consequence of the nature of your work. For example if you are ... someone working for a United Kingdom based business which requires frequent travel abroad.'

My questions are:
- will absences greater than the 90days in the final year fall under the 'discretion to disregard'?
- if so, is there a limit to that excess (e.g., up to 180days)?
- and if the 90days is allowed to be exceeded, what kind of proof/restrictions/constraints would I need to keep in mind/prepare for?

I have notified my company of the 'constraint' on my travel for the next 10 months.

thanks,
marr1a

[John]

Hi, have a read of :-

Annex B

-: of the instructions issued to staff handling naturalisation applications. In particular read "5. Excess absences in the final year".

Up to a date in March 2006, on or after the 5th anniversary of you first arriving in the UK, how many days absence do you think you might hit?

How to count the days? Count neither the day you leave the UK, nor the day you get back. That is, only count the days you were fully abroad, for all of the 24 hours in that day.

[Joseph]

To add to John's comments:

5.1.1 Total absences not exceeding 100 days normally disregard.

5.1.2 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.

As long as you are under 180 days, you should be fine, given that your overall number of days is so low. It would be helpful to get a letter from your employer explaining that the travel was for business, and show that you have your home (and family?) in the UK.

Because of your heavy travel, make sure you apply on the right date (when you were both in the UK 5 years previously and in the UK currently). And use the nationality checking service so you can keep your passport.
Joseph

[marr1a]

Thanks John and Joseph,

The expected time out of the country initially is 6-8 weeks with trips back to the UK on weekends, with the possibility of further work continuing after.

Independently my company has also made a query on my behalf and has found out that the 90 days can go up to 180 days if I can prove that I am still employed in the UK, that I am paid in the UK, that I am paying NI, and that I include a letter from my employer regarding employment details and reasons for overseas travel. I do not know the source of their information but it seems reasonable considering the reference John provided.

I have just put together an 'absence' spreadsheet for tracking purposes....

Many thanks,
marr1a

[John]

marr1a, it looks like you will be fine, especially as you are already say two months into the last 12 months up to your application date.

Just keep an accurate record of your dates abroad. And don't forget only to count the days you are wholly abroad. You mention weekend visits back to the UK. If you commute abroad on a weekly basis ... leaving early Monday morning and returning on Friday evening ... well you would only need to count three days ... the Tuesday, Wednesday and Thursday ... given that you will not be wholly abroad on either the Monday or Friday.

That is, on that example, you might be working abroad from Monday to Friday .. five days ... but only have a count of three days on your immigration record.