Naturalisation & Absences in the last 12 month. Pls Help

[sapeyuk]

Dear Members, Moderators and Gurus,

I got my ILR through HSMP + Tier 1 in July 2012 and I am eligible to apply for naturalisation in June.

I meet all requirements and since July 2012 have been outside UK for 6 weeks only and have 1.5 months left.

My company wants to send me overseas - not my native country - from mid April onwards for opening a new branch which means I have to be outside UK for another 2 months or so before applying. I will go over the 90 day limit by maximum 30 days.

However I will still be inside the 450 days in 5 years limit.

Now, could you please advise me if 120 days absence in the last 12 months would be acceptable if I provide letters from my company, the documents showing the activity and opening a branch overseas, etc. ?

And can I in fact apply through NCS 28 days before the first date of my eligibility ?

Regards,
Sara

[ban.s]

in normal terms if you exceed out of the UK by 30 days, why don't you delay your application by 30 days so that absence returns within threshold and you don't need to rely on any discretion?

you need to apply once you qualify - unlike ILR no advance submission is allowed here.

[sapeyuk]

in normal terms if you exceed out of the UK by 30 days, why don't you delay your application by 30 days so that absence returns within threshold and you don't need to rely on any discretion?

you need to apply once you qualify - unlike ILR no advance submission is allowed here.

Thanks for your reply.

The thing is that opening this new branch may take another 3 to 6 months and it is very important for me personally and for my employer that I get this passport as soon as I can. It makes everything including extending the work visa for the other country and so on easier.

[ban.s]

Normally absences upto 100 days in the last 12 months are disregarded. Beyond that it's the discretion of the case worker.
You need to provide establishment with this country in the form of family, property etc. Also you need to justify that the excess absence was for compelling/compassionate or professional reasons.
Having said that, there is no guarantee that discretion will be applied. So you should take decision based on your situation and needs.