Physical stay in UK in final year before naturalization ?

[ukbalaji]

I have an interesting question that some of you experts out there hopefully can answer.

I got my I.L.R this month on Feb 01 2006. I have lived in the U.K the whole of the last 4 years, with rare vacation trips abroad. I still work for the same company. However, this year it looks like I will have to travel abroad on business a lot - for several months. I may be able to visit U.K every 2 months for a week or so, but thats about it. I might be out at least 6 to 8 months of this year or more.

Will this pose a problem when I apply for naturalization next year (Feb 01 2007) ?

I dont wish to buy property right now in the U.K as I fear a market crash, and I am single. How can I establish "ties" in the U.K for residency requirement ? I will still be getting paid out of the U.K office, pay my taxes, council tax etc. Should I be paying rent for an empty UK apartment, just to 'establish ties', or can I consider cancelling my lease (to save money on rent) ?

I looked up http://www.ind.homeoffice.gov.uk/ind/en ... ments.html and the guide clearly stipulates the 90 day rule, but it says exceptions can be made if the job requires travel abroad, like a merchant seaman.

Thanks

[ppron747]

The IND Nationality Instructions on the residence requirements are here, and the passage on absences in the final year is as follows:-

5. Excess absences in the final year

5.1 In s.6(1) cases, we should normally exercise discretion over absences in the final year only if the future intentions requirement is met (see Annex F). If that requirement is met, and in s.6(2) cases, the following should apply (NB. Where the applicant is a current or former member of the Armed Forces, this should be subject to the guidance contained in paragraph 9.4 and Annex B(i) below):

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.

5.1.3 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 not met - consider disregarding only if:

a. applicants have demonstrated that they have made this country their home by establishing home, family and a substantial part of their estate here; and

b. the absence is justified by Crown service (but see also paragraph 9.4 and Annex B(i) below if the applicant is/was in the Armed Forces) or by compelling occupational or compassionate reasons, taking account of the examples at b, c. and d. in paragraph 4.1.2 above.

5.1.4 Total absences exceeding 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if the criteria in paragraph 5.1.3 are met.

5.1.5 Total absences exceeding 180 days where the residence requirements over the full 5(3) year qualifying period are not met - consider disregarding only in the most exceptional circumstances and where the criteria in paragraph 5.1.3 are met (a decision to waive excess absences in these circumstances should be referred to NPSCU for noting on completion).

So I fear that the answer may be that there isn't an answer you'd like, if your travels take you away from UK for as long as you envisage...

[basis]

balaji - With that type of travel your naturalisation case would be most unlikely to go through. And not only that it would affect subsequent years as well - because your stay requirement overall in four years may also not be met.

[olisun]

dont wish to buy property right now in the U.K as I fear a market crash <== I doubt this will happen in the near future, as there have been a lot of investment in new builds

[ukbalaji]

Thanks for all your help, ppron747, basis and olisun.

ppron747, The links you mentioned and the one I posted both refer to examples of merchant seamen. In this era of globalization, an IT managers's job is not dissimilar to merchant seaman in terms of travel.

What is residence anyway ? Does it mean home ownership ? Should I continue to pay rent on an empty apartment in the UK to show 'ties' ? In that case, I suppose the council tax I pay would help. Maybe I should do that. I will have employer's letters, NI, taxes etc.

We *have* to implement this project in a city in India for cost reasons, there is no other way out, and altho' my passport is Indian, I am not from that city, I dont have a home there, for all practical purposes, I will be living like the other British expats who will work with me in that Indian city, with occasional visits to the UK. So how can the Home Office conclude that I have lost ties to the UK and settled in India ? Basis, can you please explain this point ?

Should I jump in and buy a home in the UK to strengthen my case ? Not sure what to do ...

Thanks much