Absences - Naturalisation

[NOG]

However, they seem to be apply discretion for absences very sparingly ( if at all? ) during naturalization decisions ( where there is no right to appeal ).

Hello, has this point been validated by examples on the forum? I am concerned because I find myself, or could possibly find myself in a fix, with the 90 days absence rule during the last 12 months before applying for naturalisation. The following information on UKBA's website relates to discretion on absences but I would be grateful if people could share their experiences if they have successfully naturalised despite being over the 90 day absence threshold.

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

[Jambo]

How many above the threshold are you talking about? What is the number of absences for the 3/5 year period?

[Babattee]

However, they seem to be apply discretion for absences very sparingly ( if at all? ) during naturalization decisions ( where there is no right to appeal ).

Hello, has this point been validated by examples on the forum? I am concerned because I find myself, or could possibly find myself in a fix, with the 90 days absence rule during the last 12 months before applying for naturalisation. The following information on UKBA's website relates to discretion on absences but I would be grateful if people could share their experiences if they have successfully naturalised despite being over the 90 day absence threshold.

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

I did 114 days abscence in the last year to my application and my application was approved.

[niteshj]

I too would like to know this information , examples of people who applied for citizenship when they had more than 90 days away in the 12 months before application.

and what the time away was for - work, personal holiday, or compassionate reasons, etc.

[Babattee]

I too would like to know this information , examples of people who applied for citizenship when they had more than 90 days away in the 12 months before application.

and what the time away was for - work, personal holiday, or compassionate reasons, etc.

My abscence is work related. Working abroad with a company that is not UK related.

[NOG]

I was granted ILR based on 10 years long residence on 1st September 2012. Since 24th October 2012 I have been abroad, absent for 78 days and counting to date. I understand that if I wish to apply for naturalisation on 1st September 2013 (after holding ILR for 12 months), I should not have spent more than 90 days outside the UK and hence need to be back in the UK before 22nd January 2013. My query is that if I am unable to return to the UK before this date and exceed the limit of 90 days by another 30 or 60 days, can I then apply for naturalisation on 1st October 2013 or 1st November 2013, respectively, as long as I have not exceeded a total of 450 days outside the UK since the last 5 years (2008-2013) and been present in the UK exactly 5 years prior to the date of the naturalisation application? At present I have spent a total of 286 days outside the UK since 2008. Grateful for any help. Many thanks.
Regards,

[Jambo]

I was granted ILR based on 10 years long residence on 1st September 2012. Since 24th October 2012 I have been abroad, absent for 78 days and counting to date. I understand that if I wish to apply for naturalisation on 1st September 2013 (after holding ILR for 12 months), I should not have spent more than 90 days outside the UK and hence need to be back in the UK before 22nd January 2013. My query is that if I am unable to return to the UK before this date and exceed the limit of 90 days by another 30 or 60 days, can I then apply for naturalisation on 1st October 2013 or 1st November 2013, respectively, as long as I have not exceeded a total of 450 days outside the UK since the last 5 years (2008-2013) and been present in the UK exactly 5 years prior to the date of the naturalisation application? At present I have spent a total of 286 days outside the UK since 2008. Grateful for any help. Many thanks.
Regards,

Surely if you only left the UK on 24/10/2012, then applying on the 1st of September or the 1st of October won't change the number of days absent in the last 12 months.

However, if for example you return to the UK in March 2013, then applying on Januay 2014, would mean the last year period (January 2013-January 2014) would include less than 90 days of absence. Your days of absence from October 2012-January 2013 would be include in the total 450 days. This assumes you have been present in the UK on January 2009.

Alternatively, you can apply on September 2013 and the application would be at discretion. Check the FAQ for a link to the caseworker guidelines with regards to discretion.

[NOG]

Jambo, thanks for your comments.

Although the naturalisation guidance states that a person should not have been outside the UK for more than 90 days during the last 12 months of the application, the UKBA website, under the discretion section, has the following mentioned: "If you have been absent from the UK for up to 100 days in total during the final year, we normally disregard the absence"

Does this mean, no matter the reason for absences if under 100 days, it will not affect the application detrimentally? Has there been an experience of this? Does this mean the extra 10 days (above 90 days) are offered as grace period and the application will not even require UKBA's discretion?

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

Grateful for any help. Thanks.

[Jambo]

This means that a discretion would still be needed but that would normally granted as a grace period without requiring extra information.

[NOG]

This means that a discretion would still be needed but that would normally granted as a grace period without requiring extra information.

Jambo thanks, it is words such as "normally" and "usually" that scare me. I have have now been outside the UK for 81 days (during the last 12 months, if I want to apply for naturalisation on 01/09/2013) and 289 days (last 5 years).

I am simply wondering whether it will be a safe bet to apply with say an absence of 95-99 days in the last 12 months,

[Jambo]

There is no gurentee in life and nothing like a safe bet. Your call.

[NOG]

Jambo, thanks for your comments so far.
I refer to your post above where you state that if I were to return to the UK in March 2013 then I would be eligible to apply for naturalisation in January 2014. This has confused me. By my calculation, if I were to return to the UK on 28th Feb 2013 then I would be eligible to apply on 2nd December 2013? Similarly, given a scenario where I return to the UK on 13th February 2013 then I would be eligible to apply on 15th November 2013. I was granted ILR on 01/09/2012 and have been absent from the UK from 24/10/2012 to date.
Please could you comment? Many thanks.

[Jambo]

I don't think we are in disagreement here.

If you return end of March, you can apply beginning of January (probably end of December as February is only 28 days). It seems you understand the rules and can do the math. Good luck with your application.

[NOG]

Thanks Jambo