Excess days in the Final year

[bobby80gh]

I had my ILR in February 2013 and I am due to apply for naturalization next month. In September 2013, I moved abroad for work. I have a small limited company registered in England and Wales and as I wanted to expand the company I moved to my country of birth to look for some government contracts. At the moment I have got a 3 year fixed term contract with a company in my country of birth. I have employed two people in my UK based company and I pay all the relevant taxes. I travel to the UK every 2 months for about a week to work for my UK based company. My UK based company is now very profitable and I keep getting more clients.

My UK based company is my future. My intention is to grow that company and spend more time in the UK. At the moment, I still have accommodation in the UK paying rent and all the related bills. I still receive salary and dividends from my UK company. I am not married but I have two kids. The kids have always lived with their mum in my country of birth.

I have spent about 250 days out of the country in the last 5 years but the problem is I will be spending about 150 days out of the country in the last 12 months before I make my naturalization application.

I know that in approving a naturalization application, the case worker looks at your future intention ie whether you want to establish your principal home in the UK. Based on the above will the case worker decide that I have no intention of making UK my principal home.

Also in terms of the excess absence in the final year, do I qualify for discretion as I will argue that I have been out of the country working for my own company which is registered in the UK and I have established links in UK based on my rented accommodation and been a director and share holder of a UK company.

I will appreciate if forum members will share their thoughts on this. Thank you.

[VR]

IMHO you get hold of a reputed solicitor and present your case in such a way that
a)You convince them that your intention is to make UK your main home.
b)You can put forth the details of the business you have in UK and the employment you have generated ,explaining to them that your trips abroad in the last year were to develop the UK buiness.
As proof you can show new hires you made in the last year.
New contracts you won in the last one year.
And the accountant can show the numbers to back up the financial progress made in the last year.
I believe you stand a good chance.

IMPORTANT: Unfortunately there is too much power and discretion at the hands of many jobsworth case workers who take illinformed,quixotic decisions. Hence a reputed solicitor could save you the time and suspense at a one off cost.
Best Regards,
vr

[bobby80gh]

VR thanks for your advise which I really appreciate.