Could my application be refused?

[yasmin1791]

I entered UK with my mother on the 24.6.2006. She was engaged to a BC (now married). She got ILR in April 2008 and I too.
I would qualify for BC in June 2011, but I went abroad for 176 days(26.6.2010 to 20.12.2010) to Slovenia as I took a gap year to go traveling.
I went around Slovenia and also to Italy and Croatia via car from Slovenia. But always went back to Slovenia after my visits to Italy/Croatia because my main lodging was in Slovenia.
So I'm waiting till end of September to be under the 90 day limit in the final year.
I'm going uni next September and I'm just currently working to make some money before starting Uni.
So I was wondering if being out of the UK this long and staying mainly in Slovenia for that time period on holiday would be any grounds for rejection?

[ILR_Applicant_UK]

Yasmin, if you got ILR in 2008, wouldn't u have be eligible for BC a year aftr that?.

In anycase, the 90 days/yr and 90 days in the last year rule are conditions the Home Secretary has discretion over - if you meet all the other criteria, and have a valid reason explaining the absence, there is a very good chance the application would be accepted.

To give an example, (and this may not be applicable to you as I and my wife applied as a joint application), my wife was away a total of 107 days in the last yr and a total of 674 days away in the 5 yrs prior to our BC application and we both got our approvals this week.

[yasmin1791]

Yasmin, if you got ILR in 2008, wouldn't u have be eligible for BC a year aftr that?.

In anycase, the 90 days/yr and 90 days in the last year rule are conditions the Home Secretary has discretion over - if you meet all the other criteria, and have a valid reason explaining the absence, there is a very good chance the application would be accepted.

To give an example, (and this may not be applicable to you as I and my wife applied as a joint application), my wife was away a total of 107 days in the last yr and a total of 674 days away in the 5 yrs prior to our BC application and we both got our approvals this week.

I was only 17 in 2008 and my mother didnt bother to apply for citizenship after she was married. Now I'm 20, so I would have to apply for it myself.
Well it on ukba website it states that you're allowed max 90 days out in the final year of application. Applying in late September 2011 would mean I come under 90 day limit because I became eligible in June 2011.
My question was would staying so long in a foreign country on a holiday basis jeopardize my chances of approval? Although technically I've met all requirements for naturalisation including the 90 limit rule in the final year. So discretion need not really apply to me...right?..

[x-ray]

As long as you meet all the requirements for naturalisation, you will be fine. Since you have not been out of the UK for more than six month, your future intention may not be in doubt. It will be a problem if for example you were away from the UK for more than six month at any one time or continuous absence, as your future intention will cast a doubt.

Good luck.

[yasmin1791]

As long as you meet all the requirements for naturalisation, you will be fine. Since you have not been out of the UK for more than six month, your future intention may not be in doubt. It will be a problem if for example you were away from the UK for more than six month at any one time or continuous absence, as your future intention will cast a doubt.

Good luck.

So long its not more than 6 months I should be fine? Even its pretty close to 6 months? 176 days

[x-ray]

Yes indeed, as long as you did not past that six month Mark. You just have to demonstrate that your absence was clearly temporary. If you had an established home here where any close family continued to live in the UK when you left that will help. They will by all means conduct further checks on your application since is close to six month, if their checks show strong evidence that you do not intend to make the UK your home or principal home your application will normally be refused on this basis.

[yasmin1791]

Yes indeed, as long as you did not past that six month Mark. You just have to demonstrate that your absence was clearly temporary. If you had an established home here where any close family continued to live in the UK when you left that will help. They will by all means conduct further checks on your application since is close to six month, if their checks show strong evidence that you do not intend to make the UK your home or principal home your application will normally be refused on this basis.

Well all my family is here anyway and I'll be going to uni next September...how do I demonstrate that it was just a temporary absence?

Also am I allowed to travel after applying? I'll apply via NCS so I can keep my documents..just wondering is there a limit i can travel after home office receives my application?

[x-ray]

The reasons for your absence is requested on the form. Temporary absence could be for example a holiday or business trip. Any little insight into this or evidence could be use to support your case. You basically might have to prove it was clearly temporary if you are so worried about this issue. As I said before it has to be more than six month to be a serious doubt of your intention.

You can travel after applying via ncs as you will get your original documents back.

You can travel only on a temporary basis that is your absence should not be more than six continuous month while you application is still with the home office. If this happen home office will refuse and advise to reapply when your back. This is the rules but There are exceptions to this rules which relate to the absence having connection to the UK. Home office generally process application up to six months or more so some 5% application might be caught out. Ncs may require for to be in the UK for 5 days after submitting your application.

After home office approval you will need to attend citizenship ceremony with 90 days to avoid your application been void.

[yasmin1791]

The reasons for your absence is requested on the form. Temporary absence could be for example a holiday or business trip. Any little insight into this or evidence could be use to support your case. You basically might have to prove it was clearly temporary if you are so worried about this issue. As I said before it has to be more than six month to be a serious doubt of your intention.

You can travel after applying via ncs as you will get your original documents back.

You can travel only on a temporary basis that is your absence should not be more than six continuous month while you application is still with the home office. If this happen home office will refuse and advise to reapply when your back. This is the rules but There are exceptions to this rules which relate to the absence having connection to the UK. Home office generally process application up to six months or more so some 5% application might be caught out. Ncs may require for to be in the UK for 5 days after submitting your application.

After home office approval you will need to attend citizenship ceremony with 90 days to avoid your application been void.

Oh ok. So me traveling after submitting my application wont have any effect on it? Does the 90day in the final year rule still apply? Or once my application is sent off to home office I can travel as much as I like so long its not more than 6 months? I wanna continue visiting Italy since I love it there so much! Will it look weird to home office me visiting the same country twice within the past year? I was looking to go back there for a week or so...

[x-ray]

So me traveling after submitting my application wont have any effect on it?

Not at all, if it is a temporary absence. You can travel 5 days after applying through NCS. You have to be sure you were physically present at the beginning of the qualifying period when your application is received by the Home Office.

Does the 90day in the final year rule still apply?

Once you have meet all the requirement and Home Office has indeed received your application, your qualifying clock stops there. You can travel as much as you can but not on a continuous six months block out of the UK. The future intention requirement might kick in to affect your application if it has not yet be decided after six months (which rarely happens but can happen) and you have been away since your application.

once my application is sent off to home office I can travel as much as I like so long its not more than 6 months?

Correct, you should not travel out of the UK for more than six months in a row at a time. If they fine you have been away for more than six months at a time, this will raise a doubt on your intention.

Will it look weird to home office me visiting the same country twice within the past year?

You are free to visit any where, Home office does not careless. You have to meet the rules for your application to be successful.

Some people say home office does not have a heart but i think they have discretion....it will only look weird to them if you have spent more than six months in Italy as that shows you do not intent to make UK your home when naturalised. Going to Italy for a week is absolutely fine.

[yasmin1791]

S
You are free to visit any where, Home office does not careless. You have to meet the rules for your application to be successful.

Some people say home office does not have a heart but i think they have discretion....it will only look weird to them if you have spent more than six months in Italy as that shows you do not intent to make UK your home when naturalised. Going to Italy for a week is absolutely fine.

Well I was there last year for that 176 days. So if i go again this time I would have spent more than 6 months there, but not in one continuous block. Will this cast doubts on my future intentions?

[x-ray]

No it will not, future intentions is based on your past behaviour. If you are not going to be away for more than six continous months, home office will believe your past behaviour will continue. Your statement about your future intentions on the form is taken at face value by the home office, but when there is a clear evidence of doubt home office will take action to refuse.