Absences & Discretion

[race]

I'm about to apply for citizenship and I am trying to tally up my absences however I cannot read some of the stamps in my passport or don't have some of the stamps (ie when you leave the UK they don't stamp your passport). I don't have any other records to find out when I left or returned to the UK (ie flight tickets). Is there anyway I can get a print out of my exits/entries into/out of the UK from somewhere?

Also, I have had my ILR since July 2009 and have been in the UK (on and off) since March 2001. Currently I have been out of the country for 459 days in the last 5 years. Do I risk sending my application and rely on the HO using "discretion"?

Thanks in advance.

[aceg135]

I guess the ''discretion'' issue is faced my many people, my self including. I have also held my application - as i do not want to risk the Home Offcie not applying its discretion.

Mods - a case for sitcky where people who have beeen able to get the discretion from HO (or have not been able to get it) share their experiences?

[prince12]

I guess the ''discretion'' issue is faced my many people, my self including. I have also held my application - as i do not want to risk the Home Offcie not applying its discretion.

Mods - a case for sitcky where people who have beeen able to get the discretion from HO (or have not been able to get it) share their experiences?

I totally agree with you guys....please Mods is it possible to make this a sticky so we can get an idea of how HO applies discretion in Naturalisation cases? otherwise can people who have gotten BC throw more light on their absences during the res period

Prince

[hsmp1412]

This would surely be useful but looks like nobody has taken the "discretion" risk so far!

[malepiscean]

Is there anyway I can get a print out of my exits/entries into/out of the UK from somewhere?

Have you tried making a SAR?

Currently I have been out of the country for 459 days in the last 5 years. Do I risk sending my application and rely on the HO using "discretion"?

If you have made UK your main home since the past 5 years then the chances of a favourable discretion being applied increase, with 459 days of absence. As per this.

[JTo]

I'm planning on putting in an application for BC soon, and I'm well over 450 due to work (around 600). What's particularly confusing is that the online guidance is based on 300 days (which would be relevant for spouses under the 3 year period, rather than the 450 for those of us applying based on 5 years).
http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

Whereas chapter 18 provides a much more comprehensive set of criteria for applying discretion
http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

[sama]

I was in similar situation couple of years ago, i.e., my total absences were nearly 900days. I was warned by Nationality checking service of this, then too i went ahead. After few months, i received refusal letter from HO.

As of today, my total absences have come down (since 2008 i havent left the UK at all!) to 420 days, but still am secptical of making an application, since the below link cleary says, upto 300days they disregard and anything between 301 and 540 discreation will be applied.

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

I guess it all comes down the Caseworker, if they look at the application for a reason to reject then they probably win. Otherwise, I shall consider myself lucky applicant.

PS: Prior to immediate qualifying period, i have absence of more than 390 days and neither do I own a property/estate in the UK, either of the reasons will not help me in anyway!

So probably its wise for me to wait till my absences comes down to 300 or less days and then make an application.

ta
Sama

[Jambo]

I was in similar situation couple of years ago, i.e., my total absences were nearly 900days. I was warned by Nationality checking service of this, then too i went ahead. After few months, i received refusal letter from HO.

As of today, my total absences have come down (since 2008 i havent left the UK at all!) to 420 days, but still am secptical of making an application, since the below link cleary says, upto 300days they disregard and anything between 301 and 540 discreation will be applied.

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

I guess it all comes down the Caseworker, if they look at the application for a reason to reject then they probably win. Otherwise, I shall consider myself lucky applicant.

PS: Prior to immediate qualifying period, i have absence of more than 390 days and neither do I own a property/estate in the UK, either of the reasons will not help me in anyway!

So probably its wise for me to wait till my absences comes down to 300 or less days and then make an application.

ta
Sama

As correctly pointed out, the link you refer to is for application by a spouse of BC in which the requirement is less than 270 days absence in 3 years. If this is not your case, the requirements are less than 450 days in 5 years so you can apply now assuming you meet the other requirements as well.

[sama]

Thanks Jambo.

I didnt realise the link i was refering was wrong!

thanks for pointing it out.

Just to summerise my understanding, I can make an application since
- My total absences are 423 days in the last 5 years(Got ILR 5th May, 2005) .
- Absences past year is 12 days (Less than 90days).
- Have successfully completed Life in the UK.
- Am sound minded and no convictions of any sort aganist me.
- I have been in the UK on 4th Feb, 2007 (Application date 5th Feb, 2012).
- Am put up in a rented accomodiation with spouse and child.

Is the above enough to meet the Naturalisation requirement?

ta
Sama

[sama]

Thanks Jambo.

I didnt realise the link i was refering was wrong!

thanks for pointing it out.

Just to summerise my understanding, I can make an application since
- My total absences are 423 days in the last 5 years(Got ILR 5th May, 2005) .
- Absences past year is 12 days (Less than 90days).
- Have successfully completed Life in the UK.
- Am sound minded and no convictions of any sort aganist me.
- I have been in the UK on 4th Feb, 2007 (Application date 5th Feb, 2012).
- Am put up in a rented accomodiation with spouse and child.

Is the above enough to meet the Naturalisation requirement?

ta
Sama

Jambo/Snr members,

I reckon my spouse is also eligible for BC. My spouse has 193 days absences in the last 3 years, 13 days absence in the last year and meets all other criteria.

So am thinking of making an application together. Is it a good idea?

ta
Sama

[Jambo]

Unless married to a BC, the requirement your wife would need to meet is the same as you i.e. 5 years residence, less than 450 days etc.

Does she meet those requirements?

If not, you can apply and once granted, your wife becomes a BC spouse and can apply according to spouse requirements (3 years etc).

[sama]

Unless married to a BC, the requirement your wife would need to meet is the same as you i.e. 5 years residence, less than 450 days etc.

Does she meet those requirements?

If not, you can apply and once granted, your wife becomes a BC spouse and can apply according to spouse requirements (3 years etc).

Thanks Jambo,

Looks like she has to wait until i get my BC. I was bit excited that I might save a few hundred quids by clubbing two application in one submission!

ta
Sama

[prince12]

I was in similar situation couple of years ago, i.e., my total absences were nearly 900days. I was warned by Nationality checking service of this, then too i went ahead. After few months, i received refusal letter from HO.

As of today, my total absences have come down (since 2008 i havent left the UK at all!) to 420 days, but still am secptical of making an application, since the below link cleary says, upto 300days they disregard and anything between 301 and 540 discreation will be applied.

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

I guess it all comes down the Caseworker, if they look at the application for a reason to reject then they probably win. Otherwise, I shall consider myself lucky applicant.

PS: Prior to immediate qualifying period, i have absence of more than 390 days and neither do I own a property/estate in the UK, either of the reasons will not help me in anyway!

So probably its wise for me to wait till my absences comes down to 300 or less days and then make an application.

ta
Sama

Sama,

Your case makes an interesting reading as we dont see a lot of such, thanks for sharing that...one quick question you said that prior to immediately qualifying you had 390days absence? was this in the last year of qualification? if it was then i believe that was the main reason for refusal as i understand the discretion to waive absences in the last year of qualification is very limited i think a limit of 100days. i will be interested to know if other forumites think that is right.
prince

[sama]

I was in similar situation couple of years ago, i.e., my total absences were nearly 900days. I was warned by Nationality checking service of this, then too i went ahead. After few months, i received refusal letter from HO.

As of today, my total absences have come down (since 2008 i havent left the UK at all!) to 420 days, but still am secptical of making an application, since the below link cleary says, upto 300days they disregard and anything between 301 and 540 discreation will be applied.

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

I guess it all comes down the Caseworker, if they look at the application for a reason to reject then they probably win. Otherwise, I shall consider myself lucky applicant.

PS: Prior to immediate qualifying period, i have absence of more than 390 days and neither do I own a property/estate in the UK, either of the reasons will not help me in anyway!

So probably its wise for me to wait till my absences comes down to 300 or less days and then make an application.

ta
Sama

Sama,

Your case makes an interesting reading as we dont see a lot of such, thanks for sharing that...one quick question you said that prior to immediately qualifying you had 390days absence? was this in the last year of qualification? if it was then i believe that was the main reason for refusal as i understand the discretion to waive absences in the last year of qualification is very limited i think a limit of 100days. i will be interested to know if other forumites think that is right.
prince

Perhaps, I should have been more clear in my earlier quote. When I say "prior to immediate qualifying period" i meant prior to 5 years, so in my case it is year 2006, i had 390 days absence.

I didnt had any absences during last year (year 2011).

ta
Sama

[sama]

Well, filed my application, again, today with nationality checking service. Didn't had any issues. My application was in order, hopefully will get through. Fingers crossed!!

Sama

[sama]

On 28th Feb application fees has been taken out of my account.

[sama]

Received letter stating my application has been approved and need to attend citizenship ceremony.

Citizenship Ceremony scheduled in 1st week of May.

[manyaonisland]

Received letter stating my application has been approved and need to attend citizenship ceremony.

Citizenship Ceremony scheduled in 1st week of May.

Congratulations...
I am planning to apply for naturalization in June.. I hope i can count on your experience and come back to you if i have some questions

[sama]

Sure, I am happy to share my experience and will try to help you with your questions if I cant there are experts on this forum to answer!

[StevieD]

Saw this thread and thought i would give my story of discretion (or lack there of).

i am settled in the UK (now with ILR) for 4 years based on spouse of BC. but because of my work (offshore oil and gas) i was well over the 270 per 3 year limit and around 770 due to working away ~250 days/yr. i applied through the Naturalisation Checking service with a letter from my employer explaining the nature of the situation.

i own a home in the UK where i reside with my wife and daughter (when i'm here of course), pay tax, obey the laws, etc, etc

i took the gamble and made the application anyway and recently received a letter of denial due to the excessive absences. i'll admit i was a bit gutted as this would have been very good to have (especially if we decided to expatriate back to the US some day)... but alas, it was not meant to be.

...hope this helps some with their decision...

[prince12]

Saw this thread and thought i would give my story of discretion (or lack there of).

i am settled in the UK (now with ILR) for 4 years based on spouse of BC. but because of my work (offshore oil and gas) i was well over the 270 per 3 year limit and around 770 due to working away ~250 days/yr. i applied through the Naturalisation Checking service with a letter from my employer explaining the nature of the situation.

i own a home in the UK where i reside with my wife and daughter (when i'm here of course), pay tax, obey the laws, etc, etc

i took the gamble and made the application anyway and recently received a letter of denial due to the excessive absences. i'll admit i was a bit gutted as this would have been very good to have (especially if we decided to expatriate back to the US some day)... but alas, it was not meant to be.

...hope this helps some with their decision...

Steve thanks for sharing your experience, One question pls...did you say you were out for 250days in the last year? if that is the case, i dont think the discretion could have been applied as i understand that the last year discretion above 180days is highly unlikely. Also to apply the discretion for the rest of the 3-5year period, there is a requirement/expectation that there should be about two -three years where there was little or no abscence...did you met that criteria? i am asking these because i am planning to apply also with about 550 days abscence....
Thanks