Naturalisation application with discretion for absences

[coolm]

Dear Members,

My background:

I arrived in the UK in Jan 2007 and have lived here ever since, meeting the residential requirements for ILR. Me and my family will be applying for ILR in Dec 2011 (25 days before the 5 year mandatory residential qualifying period for ILR ends).

My question is regarding my future citizenship application, say in Dec 2012 after I would have completed 12 months on ILR.

I'm self employed (run my private limited company) and I have got a new contract to work outside the UK for the whole of 2012, with provisions for upto 25 days where I can return to the UK. I read the residential requirements for british citizenship and it states the following 5 rules:

1. been resident in the UK for at least five years (this is known as the residential qualifying period); and

2. been present in the UK five years before the date of your application; and

3. not spent more than 450 days outside the UK during the five-year period; and

4. not spent more than 90 days outside the UK in the last 12 months of the five-year period; and

5. not been in breach of the Immigration Rules at any stage during the five-year period.

I would meet 4 of them except number number 4 as I would have spent literally 300+ days outside the UK. However I would still meet number 3.

Now I have 2 options to apply for British Citizenship:

1. Wait for another year and apply for citizenship in Dec 2013
2. Apply for naturalisation in Dec 2012 under discretion. All my earnings will be in pounds and will be paid into a UK bank account and I would be employed by my own company whose client will also be a UK based company.

I would be grateful if you could help me with these questions:

1. If I go for option 1, can I still apply for citizenship for my wife and 1st kid independently in Dec 2012 or would they have to apply only as my dependants? My 2nd kid would be registered as a citizen due to being born in the UK.

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

3. Is there anyone out there who has applied for citizenship under discretion and succeeded? Any information would be grately helpful.

4. Are there any other options / ideas for me other than the 2 options that I've cited above?

Thank you very much in advance for all those who would reply.

-Regards,
coolm

[Jambo]

1. If I go for option 1, can I still apply for citizenship for my wife and 1st kid independently in Dec 2012 or would they have to apply only as my dependants? My 2nd kid would be registered as a citizen due to being born in the UK.

There is no concept of dependants for British Citizenship application. If your wife meets the standard requirements she can apply.

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

Yes. Although the requirement for less than 90 days in the last year still applies for spouses of BC so it won't matter if you apply by your own merit or as spouse of BC.

3. Is there anyone out there who has applied for citizenship under discretion and succeeded? Any information would be grately helpful.

See the guidelines for discretion Annex B: The Residence Requirements especially section 5 - "Excess absences in the final year".

[ex-immigrant]

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

Problem here ! I Think Residential qualifying period for BC as a spouse to BC is 270 days in last three years and you will be away for 300+days

[coolm]

1. If I go for option 1, can I still apply for citizenship for my wife and 1st kid independently in Dec 2012 or would they have to apply only as my dependants? My 2nd kid would be registered as a citizen due to being born in the UK.

There is no concept of dependants for British Citizenship application. If your wife meets the standard requirements she can apply.

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

Yes. Although the requirement for less than 90 days in the last year still applies for spouses of BC so it won't matter if you apply by your own merit or as spouse of BC.

3. Is there anyone out there who has applied for citizenship under discretion and succeeded? Any information would be grately helpful.

See the guidelines for discretion Annex B: The Residence Requirements especially section 5 - "Excess absences in the final year".

Thanks for your quick reply Jambo. Looks like the best option for me would be to wait for another year and apply in Dec 2013 as I would not have exceeded 90 days in the last 12 months, then.

[coolm]

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

Problem here ! I Think Residential qualifying period for BC as a spouse to BC is 270 days in last three years and you will be away for 300+days

Yes, though I may not meet all the residential requirements, I have established a home and family here and made this country my home. I intend to use this as a key point when requesting discretion.

Anyone out there who has been successful in a BC discretion application?

[coolm]

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

Problem here ! I Think Residential qualifying period for BC as a spouse to BC is 270 days in last three years and you will be away for 300+days

Yes, though I may not meet all the residential requirements, I have established a home and family here and made this country my home. I intend to use this as a key point when requesting discretion.

Anyone out there who has been successful in a BC discretion application?

[osteophytes]

2. If I go for option 2 and fail, can I apply as a spouse to my wife (assuming my wife gets her citizenship by applying independently in Dec 2012)?

Problem here ! I Think Residential qualifying period for BC as a spouse to BC is 270 days in last three years and you will be away for 300+days

Yes, though I may not meet all the residential requirements, I have established a home and family here and made this country my home. I intend to use this as a key point when requesting discretion.

Anyone out there who has been successful in a BC discretion application?

Unlikely to get discretion for such a long absence.

But you can try if money is not an issue for you. (http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/)

Future intentions issue might also be a problem. Its better to get your wife's naturalisation in Dec 2012 and then apply for yours when ever you satisfy the "naturalisation as spouse of a british citizen" requirements. That way there is no problem with future intentions issue.

[SABBARAVI]

Dear All,

Similar Requirement Please help me to make a decision.

I got my ILR in October 2013, Currently staying Out of UK since April and planning to stay until October 2014, I won't be Completely out of UK until October 2014, However my Stay would be 3 weeks in Oman and 1 Week in UK until October 2014. After Counting all out of UK days, I got 128 days in total on Business Trip.

IMPORTANT : I am working in Oman, However I am being paid in UK Business account and I am receiving Salary in my UK account, got my Payslip and other documents, I am Full UK Tax Payer and my Children Got British Citizenship recently since they born here.

My Question.

1) Would my stay 128 days Outside UK effect my Continuity period for Applying Naturalisation & British Citizen ?
2) Am I allowed to stay more than 90 days Outside UK stating Business Trip showcasing Employment Proof ?
3) Am I going to breach UKBA Condition "spent no more than 90 days outside the UK in the last 12 months"

Thanks in advance

Kind Regards