Naturalisation with an 8 month absense in five year period?

[voguette]

Hello,

In February 09, I will have been in the UK on a sponsored work permit for five years. However, in 2006 I spent 8 months in Italy as a contractor, therefore breaking the five year timeframe. I didn't ever intend to stay there long term (I viewed it as something of a working holiday), and have returned to the UK to another sponsored work permit role. I have intentions to stay in the UK permanently.

I have spoken to an immigration lawyer who has told me that decisions in a case like mine are made on a discretionary basis, but could give me no idea on how likely an approval would be. I do think that having the support of a lawyer in this sort of case could contribute to the success...do you think I'm right in this thinking? I just don't want to waste a large sum of money on legal fees if my case has a 1% chance of success! (I think I'd be looking at £1000 or so just on legal fees for someone good!).

And secondly, has anyone heard of these sorts of discretionary applications? Is it true that they'd even consider someone in my position? And any experience in the success rates on these?

And finally, would anyone have a recommendation for a reputable immigration lawyer? I get the feeling the one I spoke to was a bit of a shark!!

Thanks in advance for any help or advice.

Alex

[voguette]

Oh my gosh, my head is hurting. Just to follow up, I think I've completely missed the point that I would first need ILR before applying for naturalisation...and given my circumstances I would not be approved for ILR. Is that correct?

See, this is why I need a lawyer!!

[katrina]

Hi

Is all your absences are 8 months .If you were abroad on workbasis , and salary paid in uk currency(tax and NI paid ) and you can get letter from employer then i think there is scope.

[vinny]

Oh my gosh, my head is hurting. Just to follow up, I think I've completely missed the point that I would first need ILR before applying for naturalisation...and given my circumstances I would not be approved for ILR. Is that correct?

Yes (Chapter 18: Naturalisation at discretion).

[voguette]

Thanks for confirming my dreaded suspicions Really appreciated!!

[voguette]

Katrina, the 8 months was just one such occasion. I have also had another 4 months or so in total when my father was ill several years ago. I think I'd still make it according to the naturalisation guidelines, but not the ILR from everything I've read .

[republique]

Katrina, the 8 months was just one such occasion. I have also had another 4 months or so in total when my father was ill several years ago. I think I'd still make it according to the naturalisation guidelines, but not the ILR from everything I've read .

If you can provide documentation showing that you were working abroad for a Uk employer for the 8 months and documentation that you were away for 4 months due to your father's illness. You can still get ILR. It seems to me that your base always was the UK despite these absences and that is how you have to pitch to the HO. You can spend the money on a solicitor but if you can get the documentation, there is no reason why you can't put the application together as well

[katrina]

Hi


Yes i agree what republique saying is 100 % right , If you can get letter from doctor and your employer and a covering letter expalining all this , then they are more chances of getting .

Katrina