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Absence = 1072 days in five years & 357 days in last yearmakon wrote:Hi passport-uk,
what is your total number of absences?
Jami,jami wrote:passport-uk,
Your summery of Absences = 1072 days in five years & 357 days in last year.
Whereas on page 7-8 of UKBA naturalization guide http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf
it is detailed that how discretion would be exercised. Maximum 900 days absences over period of 5 years are to be disregarded due to your like circumstances. Whereas in the last year 180 days absences can be disregarded.
However in final year you have been in UK for just 8 days.
Though chances are very bleak yet you must file reconsideration on the grounds already mentioned by you. Obtain a very strongly worded letter from your employer that your services abroad were must for their business operations. Similarly highlights what ties (other than NI/Tax) you had with UK during posting abroad to establish UK as a domicile of choice
Hello Jami,jami wrote:passport-uk,
Your summery of Absences = 1072 days in five years & 357 days in last year.
Whereas on page 7-8 of UKBA naturalization guide http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf
it is detailed that how discretion would be exercised. Maximum 900 days absences over period of 5 years are to be disregarded due to your like circumstances. Whereas in the last year 180 days absences can be disregarded.
However in final year you have been in UK for just 8 days.
Though chances are very bleak yet you must file reconsideration on the grounds already mentioned by you. Obtain a very strongly worded letter from your employer that your services abroad were must for their business operations. Similarly highlights what ties (other than NI/Tax) you had with UK during posting abroad to establish UK as a domicile of choice
passport-uk wrote:Absence = 1072 days in five years & 357 days in last yearmakon wrote:Hi passport-uk,
what is your total number of absences?
(1)IF working on UK payroll,for UK based company & assigned on a project abroad is NOT considered valid(physically absent but earning & paying taxes NI etc in UK) ie My Deputation abroad is NOT considered for 876days(even though employer provide a letter stating they deputed me on international assignment)
residence requirements section 4.1.2 NOT considered : the excess absences to have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad);
Not Considered Total international Assignment = 876days
(2) or else if payroll/NI ie economically present is considered(waived) then my Absences are 145 days in last 5 years & 18 days in last one year ie residence requirements section 4.1.2 is considered
Vacations = 53 + 92 (days no employer letter) = 145days
Discretion to waive Total international Assignment = 876days
My position is complicated by the intrepretation of absence clause which say absences for professional & business work should be disregarded.
For granting ILR case worker considered point (b) but for citizenship case worker considered point (a) & hence refused.
Whole issue is that my UK employer posted me abroad starting Dec-2008 till now ,Complete details below
Applied on 1st-july-2011
Myself
first time in May 04 to 07 in 2006 for interview,selected & joined co X
Entered UK on July 1-2006
Vacation 16 days in Feb 2007
Vacation 5 days in May 2007
Vacation 16 days in Nov 2007
Vacation 13 days in Jun 2008
Busines Trip 3 days in Feb 2008
Business Trip 92 days 1-Sep to 31-Nov-08 Employer X (worked for X from 2006) (do not have employers letter for this)
Joined co Y & started working on projects for company X ,posted abroad.
International Assignment 1/12/08 till 25/06/2011 started with employer Y 876 days (employer letter)
Total international Assignment = 876days
Vacations = 53 + 92 (days no employer letter) = 145days
Spouse & Son
Absence = 1383 days in five years & 358 days in last year
(1) IF spouse/Father working on UK payroll,for UK based company & assigned on a project abroad is NOT considered valid(physically absent but earning & paying taxes NI etc in UK)
residence requirements section 4.1.2 : the excess absences to have been an unavoidable consequence of the nature of a career (for example a merchant seaman or someone in UK-based business or employment which requires frequent travel abroad);
b ii. to accompanying a British citizen spouse/civil partner on an overseas appointment (see also paragraph 6 below where the appointment is in Crown or designated service);
(d)exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now,
Not considered accompanied husband on international Assignment = 876days
(2) or else if Spouse's payroll/NI ie economically present is considered(waived) then my Absences are 219 days in last 5 years & 18 days in last one year.
Vacations = 21 + 92 (days no employer letter) = 113days
Medical Treatment of Our son : 337
Total 450 days in 5 years
For granting ILR case worker considered point (b) but for citizenship case worker considered point (a) & hence refused.
residence requirements section 4.1.2 b ii & (d) ie Medical treatment of our Son are considered
Entered UK on July 1-2006
Vacation 16 days in Feb 2007
Vacation 5 days in May 2007
Medical Treatment of our Son 137 days 08/08/07 to 24/12/2007
Medical Treatment of our Son 61 days 17/01/08 to 19/03/2008
Medical Treatment of our Son 139 days 14/04/08 to 1/09/2008
Accompanied Spouse on Business Trip 92 days 1-Sep to 31-Nov 2008 Employer X
Accompanied Spouse on on International Assignment 1/12/08 till 25/06/2011 876 days
Total accompanied husband on international Assignment = 876days
Vacations = 21 + 92 (days no employer letter) = 113days
Medical Treatment of Our son : 337
need to now request for reconsidering case.Do you know any pointers that can help me?