Will I still be considered naturalisation after 6 years?

[Babattee]

Dear all,

Iam a little confused regarding my qualification for naturalisation after the expiration of 6 years.

Please find below my the detail of my immigration record;

*HSMP Visa dated 28 Nov, 2006
*First entered UK on HSMP visa: 24 January 2007
*Indefinite leave to remain in UK granted 07 November 2011

Here is my confusion, I moved into Doha on an employment about a week ago, precisely 10 June 2012; and I may be here for the next 2 tp 3 years except for holidays that may not be more than 2 weeks at a time in UK because I still maintain my family and house in UK.

I will welcome any advice from you; and any suggestions that may be given to me. I don't mind personal message on my email at salamitunde@yahoo.com.

Thank you very much.

TUNDE

[jaffar]

Hi Babatee

You may be eligible to apply for UK Naturalisation in Nov 2012 provided you meed all standard requirements and Case worker can decide whether to refuse ur application or not as case worker may doubt about future intention requirement.

is your spouse uk citizen?

I was in the same situation like you,but i did not went for employment in middle east and I am eligible to apply for UK Naturalisation this august.

senior members can advice you more on this.

Regards
Jaffar

[Jambo]

How do plan to handle the fact that you will not meet the following requirement?

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

[Babattee]

jambo,

That is where the problem is. Have you got any idea?

Tunde

How do plan to handle the fact that you will not meet the following requirement?

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

[jaffar]

Hi Babattee

I think Home office give importance to the no of days absent in final year period and they may follow discretion which depends on the caseworker.

I received advice from senior members like Jambo and I took their advice before i made decision.

Regards
Jaffar

[Jambo]

Your options are:

A. Make sure you meet the requirements and apply.
B. Don't meet the requirements and apply and hope for CW discretion (although I doubt it will be granted in your case). Worse case, you lose the application fee.
C. Apply in future when you are back and meet the requirements. Please note that you might lose your ILR if you are away from the UK for more than 2 years. Visiting for a few weeks a years doesn't reset the 2 years count.

[Babattee]

Thank you once again Jambo. I am a little confused with your last statement (Visiting for a few weeks a years doesn't reset the 2 years count). I intend to always return home (UK) every 4 to 5 months. Will this affect my indefinite leave?
More advice please.

Please note that my family (wife and children) including my house (on mortgage) are in UK.

Your options are:

A. Make sure you meet the requirements and apply.
B. Don't meet the requirements and apply and hope for CW discretion (although I doubt it will be granted in your case). Worse case, you lose the application fee.
C. Apply in future when you are back and meet the requirements. Please note that you might lose your ILR if you are away from the UK for more than 2 years. Visiting for a few weeks a years doesn't reset the 2 years count.

[Babattee]

Jambo,

Thank you very much for your suggestions, however, I still more clarification. I am sorry to be a pain.

As stated earlier, I am qualify for the natuaralisation by 7th November and I have already booked an appointment with the NCS for 8th November 2012. I am still not sure if I am doing the right thing based on my situation. The total number of my abscence in the past 5 years is 149 days but the abscence in the past one year will be 114 days by the time I am back in the country for the submission of the application. Note that this 114 days is included in the 136 days overall

The break down of the 114 days is 88 days from 10 June 2012 when I left to take up a job offer in Dubai to 7 September 2012 and the remaining 26 days is from 26 September 2012 to 24 October 2012. In all honesty, I will be in UK for the submission of the application after which I willl be back in Dubai by say 14th November 2012.

For your information, my family is still in UK and they will be due for the naturalisation by 22nd December 2012. I could have waited for us to do it togther but due to the reason stated earlier.

In addition, my former office in UK still keep me on their pay roll as they said that I can come back to the office and resume working with them when I am ready. I still received my monthly pay slip, though with zero salary for the last 4 months that I have been away.

can you advice further please.





Please could you advice further.

Your options are:

A. Make sure you meet the requirements and apply.
B. Don't meet the requirements and apply and hope for CW discretion (although I doubt it will be granted in your case). Worse case, you lose the application fee.
C. Apply in future when you are back and meet the requirements. Please note that you might lose your ILR if you are away from the UK for more than 2 years. Visiting for a few weeks a years doesn't reset the 2 years count.

[Gyfrinachgar]

As mentioned previously, you do not fulfill two requirements: (i) more than 90 days absence in the last year and (ii) future intentions unclear. In both cases, a caseworker may apply discretion - but it is always a gamble to build an application on discretion. Even more so if you require discretion in two different categories. To add insult to injury, the future intentions requirement is partially evaluated by looking into the absences from the UK. So the first point compromises your second.

Discretion is a very relative thing: you might succeed or you might loose over 800 pounds. If you have the money to gamble, it might be worth a try since it will be a while until you borderline qualify again. I think the odds are not in your favour, though.

Things that can considerably improve your chances: (i) a very carefully drafted cover letter, explaining your reasons and future plans; (ii) if you would continue to receive payslips over the full time of your absence from the UK and a written statement from your British employer to take you back as soon as your foreign placement is completed; (iii) established home, family and a substantial part of the estate in the UK (spouse, children, property, but extended family does not count for much).

[Jambo]

I suggest you explain on page 13 that due to business commitments, you had absences from the UK during the past 5 months but that you have established your family and home in the UK. If you have bought a property in the UK (with or without a mortgage) I suggest you attach proof of that as it would help in your case.

The exact guidance to the Caseworker is

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.

[Babattee]

I suggest you explain on page 13 that due to business commitments, you had absences from the UK during the past 5 months but that you have established your family and home in the UK. If you have bought a property in the UK (with or without a mortgage) I suggest you attach proof of that as it would help in your case.

The exact guidance to the Caseworker is

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.

Approval given, thank you for your advice.

[Jambo]

Congratulations. That was quick.

Would you mind sharing how you addressed the absences issue for the benefit of other members who might be in a similar situation? You don't need to share the text but explain what you did

[Babattee]

Congratulations. That was quick.

Would you mind sharing how you addressed the absences issue for the benefit of other members who might be in a similar situation? You don't need to share the text but explain what you did

The detail of my application as submitted is shown below;

* Total number of abscence in the last five years - 136days
* Total number of abscence in the last year preceeding application - 114 days. This is concentrated within the last 4 months of the application.

As advised in this forum, my application was submitted with a clearly written letter explaining the reason for my abscence which is basically on a temporary employment outside UK with an organisation that is not UK based. I clearly stated that I have made UK my permanent home for me and my family. I also included a copy of my mortgage deed to reinforce that fact.

Please do not hesitate to contact me for any support, I can forward a copy of the letter to you if required.