Residence Requirement

[PontyGuy]

Hello All,

I need your help here as I am about to submit my AN Form.

I have been out of the country working on an IT Project for 791 days within the last 5 years, and up to 255 days within the last 1 year. I have done 6-8 weeks on site and 1-2 weeks off site.

I am wondering if my application is likely to be successful, as I am the director of my own IT company and my earnings from this contract has always formed part of the revenue for my UK company.

Please help

[Jambo]

I would think discretion is very unlikely in your case.

For more details see Q3 in Citizenship FAQs - Common Questions - Read before posting.

[PontyGuy]

I would think discretion is very unlikely in your case.

For more details see Q3 in Citizenship FAQs - Common Questions - Read before posting.

Hello Jambo,

Thanks for your very quick response. Perhaps if I could state more facts of the matter?

1. I have settled fully here, as I've got a kid who is British and 2 other kids who are Irish,

2. Own my own home and pay my taxes

3. My company is a UK company, although the company I worked in is not a UK company

Surely, wouldn't it be allowed on the basis that the trips were ALL business trips, and not private ones?

[Gyfrinachgar]

I agree, chances of success are very low. It is not the total absence, but especially the absence in the last year that will probably be prohibitive.

The leeway for the whole 5 year period (450 days official maximum) is fairly high. A caseworker can apply much more discretion for that period, especially if the applicant has established home, family and a substantial part of the estate here - which you obviously have. However, absences exceeding 180 days in the last year (90 days official maximum) should only be disregarded "in the most exceptional circumstances". Therefore, with an absence of 255 days, I would assume that you chances are negligible at this time.

[Jambo]

In general, unlike settlement application, for naturalisation there is no difference between business and private travel.

You can argue the nature of your work requires the extensive travel but as you don't meet the 90 days and the 450 days requirement, the application would only be approved in the most exceptional circumstances (see 5.1.5 in the link in Q3).

[PontyGuy]

I agree, chances of success are very low. It is not the total absence, but especially the absence in the last year that will probably be prohibitive.

The leeway for the whole 5 year period (450 days official maximum) is fairly high. A caseworker can apply much more discretion for that period, especially if the applicant has established home, family and a substantial part of the estate here - which you obviously have. However, absences exceeding 180 days in the last year (90 days official maximum) should only be disregarded "in the most exceptional circumstances". Therefore, with an absence of 255 days, I would assume that you chances are negligible at this time.

Thanks to you and Jambo on your contributions to my post. I am very grateful to you both, much appreciated.

By February next year, the days spent outside the UK within the last 1 year would fall slightly below the 180 days threshold. Would you suggest I wait until then before submitting my application?

[Gyfrinachgar]

By February next year, the days spent outside the UK within the last 1 year would fall slightly below the 180 days threshold. Would you suggest I wait until then before submitting my application?

Once it falls below 180 days you start to have a chance, although it will still be a very slim one. You would still have to make a very compelling case to convince the caseworker. Success rates in discretion cases cannot be reliably predicted - as it is a very relative thing. You would do that at the risk of loosing over 800 pounds. It is a gamble, and I think the odds are against you (although much better than with 255 days).

[PontyGuy]

By February next year, the days spent outside the UK within the last 1 year would fall slightly below the 180 days threshold. Would you suggest I wait until then before submitting my application?

Once it falls below 180 days you start to have a chance, although it will still be a very slim one. You would still have to make a very compelling case to convince the caseworker. Success rates in discretion cases cannot be reliably predicted - as it is a very relative thing. You would do that at the risk of loosing over 800 pounds. It is a gamble, and I think the odds are against you (although much better than with 255 days).

Thanks very much sir. I'll wait until February next year and see how it goes. Have a good day!

[Gyfrinachgar]

Thanks very much sir. I'll wait until February next year and see how it goes. Have a good day!

No need to sir me, call me Gyf.
Best of luck with your application, and please keep us informed. That would help us to evaluate discretionary decisons and advise better in the future.

[PontyGuy]

Thanks very much sir. I'll wait until February next year and see how it goes. Have a good day!

No need to sir me, call me Gyf.
Best of luck with your application, and please keep us informed. That would help us to evaluate discretionary decisons and advise better in the future.

Okay Gyf I'll surely do. You guys are doing a fantastic work here, and please keep it up

[katwmn6]

PontyGuy I don't know if you're still on the board but would be great if you could let us know what happened in the end.

[PontyGuy]

I did submit it, and also stated the fact that my absences were for business purposes. I attached my Company Accounts, as well as Bank Statements that shows the amounts I was paid.

It came back approved after only 3 weeks.

[katwmn6]

Thanks for letting us know, PontyGuy.

Could you kindly tell us the exact breakdown of days outside the UK you had at the point of application?

Also any tips on what you included in your cover letter would be much appreciated.

Many thanks, and congrats!

[PontyGuy]

If I remember very well, I stayed more than 800 days outside the UK.

To make matters worse, my fees were paid into non UK bank accounts. This was why I had to support my application with both the non UK bank account statements, as well as my UK bank account statements. The turnover on my UK bank account was very high, and so substantiated the fact that my fees were brought back into the UK.

To prove that my home was in the UK, I submitted mortgage documents for my various houses here, as well as the birth certificate of my british child.

I would still say I was fortunate and favoured by God