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100 days absence disregarded - does it count as discretion?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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fler77
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100 days absence disregarded - does it count as discretion?

Post by fler77 » Fri Aug 30, 2024 2:44 am

Dear forum,

I have diligently read through this forum and it has already been a great help for my own research. However, I am looking for opinions or experiences regarding the 12 month absence rule.

My plan is to apply for naturalisation under the 5-year route. I've been a resident in the UK since 2015 and unfortunately I will be above the 450 days absence across the 5 past years. I am also currently sitting at exactly 100 days of absence in the past 12 months.

I know I can apply and ask for discretion with my absence days, but only for one category and not both of them. I read the Guide AN and it states for the 12 month absences: "Total number of absences normally disregarded: 100 days".
Would this be considered at their discretion and will it prevent me from also asking for discretion with going above 450 days in the past 5 years?
Or would it mean that anything up to including 100 days in the 12 months prior to the application are normally disregarded AND I can still ask for discretion for the 450+ days in the 5-year period?

Thank you kindly for your help.
fler77

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contorted_svy
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Re: 100 days absence disregarded - does it count as discretion?

Post by contorted_svy » Fri Aug 30, 2024 7:59 am

How many days do you have above 450 in the last 5 years?
All advice comes from personal research and experience and should not be regarded as professional opinion.

secret.simon
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Re: 100 days absence disregarded - does it count as discretion?

Post by secret.simon » Fri Aug 30, 2024 8:01 am

The requirement for absences in the year preceding the application is for those absences to be less than 90 days.

I would consider the disregarding of 100 days as being an exercise of discretion.
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contorted_svy
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Re: 100 days absence disregarded - does it count as discretion?

Post by contorted_svy » Fri Aug 30, 2024 8:52 am

@secret.simon that is also what I thought, but read this recent thread viewtopic.php?t=347813 where OP was over both absence limits and was approved. So it seems that the "normally disregarded" may not count as discretion.
All advice comes from personal research and experience and should not be regarded as professional opinion.

fler77
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Re: 100 days absence disregarded - does it count as discretion?

Post by fler77 » Fri Aug 30, 2024 4:21 pm

contorted_svy wrote:
Fri Aug 30, 2024 7:59 am
How many days do you have above 450 in the last 5 years?
I'm in the region of 620 - 650 days across the 5 years depending on when I apply. And in regards to the 12 months let us assume that I won't be able to get it below 90 days in the near future, but also won't have it go above 100 days.

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contorted_svy
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Re: 100 days absence disregarded - does it count as discretion?

Post by contorted_svy » Sat Aug 31, 2024 8:46 am

How long have you lived in the UK? Do you have two years before the qualifying period starts that don't have loads of absences?
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CR001
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Re: 100 days absence disregarded - does it count as discretion?

Post by CR001 » Sat Aug 31, 2024 8:52 am

contorted_svy wrote:
Sat Aug 31, 2024 8:46 am
How long have you lived in the UK? Do you have two years before the qualifying period starts that don't have loads of absences?
First post!
I've been a resident in the UK since 2015
Char (CR001 not Casa)
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contorted_svy
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Re: 100 days absence disregarded - does it count as discretion?

Post by contorted_svy » Sat Aug 31, 2024 9:03 am

If in 2018-2019 you have been living in the UK without substantial absences (unfortunately we don't know what "substantial" means) and your absences in the last year definitely stay under the 100 days mark you can give it a shot, without guarantee for success of course.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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