Excessive Absences ( Naturalization )

[Jawad]

Hi,

I am working for a British telecom company for the last 4 and a half year.I got my ILR on 10th May 2005 ( arrived in U.K on 19th May 2001)

My company has lot of overseas projects and after spending 1 year in u.k i was sent abroad for the overseas assignment. During this time

A-) I am paying the TAX
B-) I am keeping the rented accomodation.

To my knowledge one must not be absent from u.k for more than 450 days in 5 years and 90 days in the last year. During my ILR application process, i confirmed with one of the case worker that if my excessive absences can affect my citizenship. Amazingly he replied " No , if your vists are company related then your naturalization wont be affected "

If i go by law, i know, this is not the case......

Now here are some queries

what are my chances getting the citizenship? How important " Tax factor " could be in strengthing my case?

Best Regards

Jawad

[John]

There is some leeway on those 450 and 90 day numbers.

So assume you apply for naturalisation (note the spelling) late May 2006 ... what are your day counts going to look like? In the five years to late May 2006? In the one year to late May 2006?

[Jawad]

In 5 years, Approximate Absences : 1350 days

Last year , Approximate Absences : 220 days


So i am way above threshold !!!!


Jawad

[John]

Oh, those many days out of the UK!

I think it will be worth you reading the instructions that IND gives to its staff on this matter :-

ANNEX B to Chapter 18 - THE RESIDENCE REQUIREMENTS

I think your only reasonable conclusion is that you have a significant problem. Time to change jobs? And then wait a couple of years before applying?

[ppron747]

I think the caseworker's advice was incomplete! You might like to look at the Home Office's Nationality Instructions on this, at http://www.ind.homeoffice.gov.uk/ind/en ... ex_b.html?

The relevant paragraphs are 4 and 5. They will overlook excessive absences where thay "...have been an unavoidable consequence of the nature of a career..." BUT (and this is what the caseworker seems not to have mentioned) this normally only applies to absences of less than 900 days, I'm afraid.

4.1.4 says

It would be extremely rare for absences exceeding 900/540 days to be waived......Applicants with absences exceeding 900/540 days should normally be refused and invited to re-apply when they are better able to bring themselves within the statutory requirements. If the circumstances of an individual case suggest the waiver of absences on this sort of scale, the papers should be considered at a senior level.

I don't know what special factors you'd need to cite in order to convince them, but it doesn't look hopeful.

Sorry I can't be the bearer of gladder tidings...

paul