Discretion over absences during that final year!

[blusky]

Hi
Ive read the Home Office stuff about discretion over absences from the Uk when applications for naturalisation are considered but as usual its as clear as pond water. I am a Uk citizen and my husband has been here for 2 years and just got ILR. We've only been out of the country together for about 50 days for holidays during this time. He can apply for citizenship in a year's time but has just been offered a temporary job overseas. I read that 90 days is the allowed time to be out of the uk during this final year, but then in the discretion notes it says this is actually 100 days, and that absences of 101-180 days may be allowed if all other requirements are met. This would be the case as we have an established home and family together here in the uk and he can prove its only a temporary project he's working on out of the country. Im unable to work at the moment so his income is needed. Do we limit his time away to the 3 months or would he be allowed to then return to his overseas job for another month or 2? It wouldnt be any longer than the stated 180 days.
Any similar experiences shared or advice would be welcome as don't want to jeopardise this all important final year and have to start the clock again

[Just Wondering]

I do not understand the eye roll where the rules and guidance is made available. At least you know what you're dealing with.

With regard to your query, there is discretion for the caseworker to apply to the application if your partner meets all other requirements and can demonstrate that he's "thrown his lot" into the UK. That means that his family, house/residence and substantial part of his estate is here. For example, if he maintains his primary residence here, you're here, his pension is here, etc. it's all evidence that he will return to the UK and that the absences were temporary.

He would need to request discretion and set out the above in question 6.8 (continuing onto page 15).

The exercise of discretion is not guaranteed (hence why it's discretion). So if you cannot risk the 874 quid then I would put off until his absences are under 90 days on application and he meets all other criteria.

Personally, I requested and was granted discretion on my absences late last year for the 5 year residency requirement.

[blusky]

Thanks for your time and effort to reply and offer some advice it is appreciated. However it all still remains very 'murky' and as when dealing with any bureaucracy I have found a certain sense of humour is required to mask any frustrations you will inevitably come across![ hence the eye roll. quote="Just Wondering"]I do not understand the eye roll where the rules and guidance is made available. At least you know what you're dealing with.

The exercise of discretion is not guaranteed (hence why it's discretion). So if you cannot risk the 874 quid then I would put off until his absences are under 90 days on application and he meets all other criteria.

Personally, I requested and was granted discretion on my absences late last year for the 5 year residency requirement.[/quote]

This also seems contradictory and proves my point with the as its all about 'risk' and personal discretion as is said here! Who s to know if the caseworker I encounter decides against this discretion, so in fact you dont 'know what you're dealing with' at all hence my plea post and hundreds others like it!

[Just Wondering]

It's not personal discretion. The caseworker cannot exercise the power delegated to him by the Secretary of State irrationally. He cannot say no because he is cranky and got up on the wrong side of the bed. There is an entire section of the UKBA site dedicated to the caseworker instructions and guidance so you know what they take into consideration when reviewing applications and (if needed) applying discretion. (See http://www.ukba.homeoffice.gov.uk/polic ... /guidance/ - Nationality instructions)

It's clearly outlined what needs to be demonstrated when asking for discretion in Booklet AN, Guide AN - and reiterated in the caseworker instructions - Chapter 18, Annex B http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary.

If you do not want to ask for discretion then wait until he meets all requirements.