Debating spending 90+ days out of UK for work in final year

[katwmn6]

Hi all,

I know this is a long post but I wanted to include all relevant details. I would greatly appreciate any help any gurus are able to give.

Immigration status/history:

I am a Tier 1 (G) visa holder eligible for ILR in March 2014 on the basis of a continuous 5 year residence. I plan to make an application for citizenship immediately following receipt of ILR as the spouse of a UK citizen (currently we're engaged). I initially moved to the UK on a BUNAC (student) visa in Dec 2006, and have lived in the UK ever since.

Current situation:

I have started a temporary job (rolling contract) as an employee of a UK company. My salary is paid in GBP into a UK bank account, but the actual work is carried out in another European country. I have been commuting back and forth to the UK once a fortnight since I began the job in mid-September, to both maintain my life in the UK and keep my number of days outside the UK below 270 for 3 years, and as close as possible to 90 days in the final year.

Right now I:

• - Have a rented flat in the UK with my partner (rent payments are deducted from our joint bank account). We have lived in the same house for just over 3 years. Note we are not yet married (not sure if this thus counts as "family" for UKBA purposes?)
  - Have council tax in both my and my partner's name.
  - Have personal and joint bank accounts and credit cards in the UK (as I have since Dec 2006), and have an E-ISA for retirement savings.

I have not maintained a home in my country of origin since I moved to the UK, and the UK has been my tax home since I moved here.

My questions:

1. I know that if I am over 90 days in the final year one has to "have met the residence requirements over the qualifying period." This sentence confuses me, as surely one has to meet these requirements regardless? Is there some additional requirement that I'm missing?

2. I also know one must "have established your home, family and a large part of your estate here" if exceeding 90 days. I am not a homeowner, nor do I own a car or have much by way of "an estate," other than what I have listed above. What do I need to do to ensure that I meet this criteria? E.g. is it worth changing all of the utilities from the landlord's name to mine? Is there anything else I can do to strengthen my application?

3. If I do exceed 90 days, will my application automatically be ineligible for a same-day decision? Ideally I would like to keep my job, which would require me to have my passport back soon after my application so I could continue to fly back and forth to Europe.

4. Does the pattern of days spent outside the UK matter, or just the absolute number? For example, does it make a difference for my application if I spend 110 days outside of the UK in 5 blocks, or if I spread those 110 days over a period of 10 blocks? Presumably the more I fly back the better it looks, even if the absolute number of days abroad is the same?

5. I am debating between commuting weekly (instead of fortnightly) back to the UK, which would keep my number of days below 90 (I don't work a full week), but know this would be expensive and relatively unpleasant (I pay for my own flights, and it's a long commute). If I keep the fortnightly pattern, I will have spent approximately 120 days outside the UK (this would be the total after subtracting travel days). Is 120 a small enough amount? I know it's down to discretion, but is there any indication of whether this would be risky?

I would greatly appreciate any insight any gurus may have. I am going to engage an immigration lawyer, but I trust this board more.

Many thanks in advance.

[Jambo]

There is no same day decision for naturalisation as there is with ILR however, you can use NCS which will photocopy your passport so you can keep travelling.

I don't see 120 days as a big issue if you meet the other residential requirements (i.e. less than 270 days in 3 years). You can explain on the form the reason for the extensive travel in the last few months. .

[d2om]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

5. Excess absences in the final year
5.1 In s.6(1)cases, we should normally exercise discretion over absences in the final year only if the future intentions requirement is met (see Annex F). If that requirement is met, and in s.6(2)cases, the following should apply (NB. Where the applicant is a current or former member of the Armed Forces, this should be subject to the guidance contained in paragraph 9.4 and Annex B(i) below):
5.1.1 Total absences not exceeding 100 days - normally disregard.
5.1.2 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family,an established home and a substantial part of their estate.
5.1.3 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are not met - consider disregarding only if:
a. applicants have demonstrated that they have made this country their home by establishing home, family and a substantial part of their estate here; and
b. the absence is justified by Crown service (but see also paragraph 9.4 and Annex B(i) below if the applicant is/was in the Armed Forces) or by compelling occupational or compassionate reasons, taking account of the examples at b, c. and d. in paragraph 4.1.2 above.
1.4 Total absences exceeding 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if the criteria in paragraph 5.1.3 are met.
5.1.5 Total absences exceeding 180 days where the residence requirements over the full 5(3) year qualifying period are not met - consider disregarding only in the most exceptional circumstances and where the criteria in paragraph 5.1.3 are met (a decision to waive excess absences in these circumstances should be referred to NPT for noting on completion).

[creampuff]

As you can see from the above post:

5.1.1 Total absences not exceeding 100 days - normally disregard.
5.1.2 Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family,an established home and a substantial part of their estate.

Personally (and I am not an expert on this) it would seem risky to me. i would not do it.

I'm not going to tell you do do something not legal, but are you aware that French immigration typically do not look at or stamp your passport if you enter France from England in your own vehicle on the Eurotunnel?

Personally I would not do what I infer in the paragraph above myself either, I would just get another job which is located in the UK.... I'm just saying the French don't stamp passports.

[katwmn6]

There is no same day decision for naturalisation as there is with ILR however, you can use NCS which will photocopy your passport so you can keep travelling.

I don't see 120 days as a big issue if you meet the other residential requirements (i.e. less than 270 days in 3 years). You can explain on the form the reason for the extensive travel in the last few months. .

Many thanks for the quick reply, Jambo. In terms of meeting the other residential requirements, is it only the 270 in 3 years? Also as a non-home owner, is there anything I can do to increase proof of my links back to the UK? (e.g. my name on more utilities, proof of UK doctor's appointments, etc)

Thanks again for your help, it is very much appreciated.

[Jambo]

The 270 days is the one I referred to.

I don't think adding your name on bills or doctor's letter would really matter. Your wife is British. That's a very strong link. You can add on the additional information section on page 15 a general statement in the lines of "I wish to state that I have made the UK my home together with my family. I have a large part of my estate in the country. In the past few months, due to the nature of my work, I had to spend several weeks working abroad." You don't need to provide proof to the statement.

[katwmn6]

Many thanks Jambo. To clarify, my partner and I are not yet married - we are engaged, and will be married in the spring. I have years of paperwork that proves we've lived together for 3+ years.

Does that change the strength of my connection to the UK / increase the risk of having 120 days outside the UK?

[Jambo]

I assume you will get married before applying for naturalisation.

There is no need for the paperwork. I don't see this changing things dramatically.

[katwmn6]

Thanks Jambo. Yes, we will be married prior to my application for citizenship.