12-month residence requirement

[sumitmehta82]

Hi,

I got my ILR in Sep 2010 after 5 years of working in the UK and thus I've been eligible to apply for British citizenship since Sep 2011.

I fulfil all requirements except that due to a family tragedy and also business travel I was away from the UK for 151 days (80 days personal + 71 days work related trips) in the last 12 months. I comfortably fulfil the 5-year residence requirement ie total absence over 5 years was 270 days, well under the 450 day limit.

I'm a bachelor and I don't own a home in the UK yet. I work in a bank on a permanent contract.

Do you think there's any chance I can ask for the 12 month residence requirement to be overlooked? The form AN says "
Total number of absences that may be disregarded where all other
requirements are met and:
a) you have demonstrated links with the UK through presence of family,
and established home and a substantial part of your estate; and
b) the absence is justified by Crown service or by compelling
occupational or compassionate reasons taking account of the criteria at
section 5A1"

Not sure what the compassionate reasons are, but I have a feeling that providing a family tragedy as an excuse on compassionate reasons might backfire by demonstrating that I still have strong emotional ties outside the UK.

Many many thanks for your valuable time and your generosity.

[Smallfamily]

Hi,

I got my ILR in Sep 2010 after 5 years of working in the UK and thus I've been eligible to apply for British citizenship since Sep 2011.

I fulfil all requirements except that due to a family tragedy and also business travel I was away from the UK for 151 days (80 days personal + 71 days work related trips) in the last 12 months. I comfortably fulfil the 5-year residence requirement ie total absence over 5 years was 270 days, well under the 450 day limit.

I'm a bachelor and I don't own a home in the UK yet. I work in a bank on a permanent contract.

Do you think there's any chance I can ask for the 12 month residence requirement to be overlooked? The form AN says "
Total number of absences that may be disregarded where all other
requirements are met and:
a) you have demonstrated links with the UK through presence of family,
and established home and a substantial part of your estate; and
b) the absence is justified by Crown service or by compelling
occupational or compassionate reasons taking account of the criteria at
section 5A1"

Not sure what the compassionate reasons are, but I have a feeling that providing a family tragedy as an excuse on compassionate reasons might backfire by demonstrating that I still have strong emotional ties outside the UK.

Many many thanks for your valuable time and your generosity.

Hiya
They normally ignore upto 100 days absence but your is 151 however as you mentioned 71 days were work related trips then I suggest you to get a written proof from your employee regarding those 71days and attach it with ur application. This will solve ur problem...cheers

[iyanu]

Yes...Smallfamily is right...just get an official letter from your employer to validate the official 71 days you are out of the country.

I am sure you will be fine..cheeers:)

[Jambo]

I don't share the same optimism as the previous posters. For natiralisation, there is no difference if the absences were work related or not. It is still 151 days. Discretion might be granted but as your are single without family and house in the uk, your ties are not so strong. Your call.

[John]

The relevant staff guidance is in this UKBA document, in particular 5.1.2, where it mentions :-

consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate

But sumitmehta82, as you readily admit, you do not really meet that. So can I ask, looking at your dates, when will your day count, outside the UK, be 100 or less in the last year? If in doubt, post your dates in and out of the UK in the last year.