Naturalisation: 90 day rule exemptions?

Unwanted · Post by **Unwanted** » Sun Apr 16, 2006 12:42 pm

Hi,

I'll be eligible to apply for British citizenship on 1st Feb 2007 (completion of 5 years in the country with the last 12 months on ILR).

However, from 1st Feb 2006 to 1st Feb 2007, I will have been out of the country for 140 days and this is entirely because of work i.e. my UK company requires me to be in their overseas office. Prior to this, my absences are 120 days so the total absence over 5 years would be 260 days, well under the 450 day limit.

My question is, will the HO exercise some discretion due to the fact that my 140 day absence in the previous 12 months is due to my work?

The closest answer I could find was in Form AN:
"Excess absences in the final year are considered in the following way
- Total not exceeding 100 days - we normally disregard
- Total absences of more than 100 days but less than 180 days,
where the residence requirements over the full 5 (3) year
qualifying period are met - we normally consider disregarding if
applicants have demonstrated links with the UK through presence
of family, and established home and a substantial part of their
estate."

Can anyone advise on what I need to show to demonstrate these links? My wife is in the UK, I own my house, continue to pay all my utility and telephone bills, and am in dailly communication with the UK office. How exactly do I prove this when I make my application? I don't quite understand what "a substantial part of their estate means" - I dont have money or property outside the UK but how do I prove this?

Sorry for the long post but hopefully I've given all the neccesary information for a good response! Thanks!

ppron747 · Post by **ppron747** » Sun Apr 16, 2006 2:07 pm

I don't think you need worry too much. My own inclination would be to get a letter from your employer, confirming that your absences from UK are business-connectied, and reinforce it with a note telling HO that you are buying/have bought your home here, and this is where your wife lives, and where your assets are. I think they'll take this at face value, unless there's some reason to doubt it. I don't think anyone would disagree that a house is a substantial part of anyone's estate...

a11 · Post by **a11** » Mon Apr 17, 2006 2:31 pm

Hi, I personally know of someone getting a passport despite having been absent from the UK for significantly longer than 90 days. Although I must admit, a good personal recommendation from a local MP might have helped...

Post by **JAJ** » Mon Apr 17, 2006 2:37 pm

a11 wrote:Hi, I personally know of someone getting a passport despite having been absent from the UK for significantly longer than 90 days. Although I must admit, a good personal recommendation from a local MP might have helped...

Anecdotal "stories" like this are not much help when you don't have the full facts of the case. If you read the thread above, you'll see that absences up to 180 days can be waived in some circumstances.

Unwanted · Post by **Unwanted** » Thu May 04, 2006 7:10 pm

Well, IND has responded two weeks after I emailed them the same question. Response below. Unfortunately they haven't really made it any clearer to me so if someone can find some clarity in it, please post.

"With regard to your question about absences from the United Kingdom. The instructions under section 6 (1) state that to satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months of the qualifying period and the total number of days for the whole 5 year period should not exceed 450 days. ( see page 13 of the enclosed guide ).

If you cannot meet the residence requirements, I would explain that Under paragraphs 2 and 4 of Schedule 1 to the British Nationality Act 1981, the Home Secretary has discretion, in the special circumstances of any particular case, to waive certain residence requirements. He cannot, however, exercise his discretion in such a way as, virtually, to ignore those requirements. If applicable, I cannot say whether discretion would be applied to your application, the caseworker dealing with the case would make that decision after giving the fullest consideration to the application. However, I can say that it would be extremely rare for absences in excess of 900 days within the whole of the 5 year period to be disregarded but consideration is normally given to disregarding an absence that is less than 100 days in the final year of the qualifying period.

The residence requirements are explained in detail on our website (including the circumstances under which discretion could be applied). The website address is www.ind.homeoffice.gov.uk. I would explain that the onus is on the applicant to ensure that they can meet the requirements for naturalisation prior to submitting an application."

There was no attached guide!

ppron747 · Post by **ppron747** » Thu May 04, 2006 11:33 pm

If you struggle through this page of the IND website you'll see the detailed considerations that caseworkers are supposed to give to such matters....

Unwanted · Post by **Unwanted** » Sat Apr 14, 2007 1:52 pm

In case anyone else is ever in the same situation, my final position when I made my application was that I had 135 days out of the country in the 1 year preceding my application.

However, as most of this was due to my work, I got a letter from my employer confirming this and also stating that I continued to be a UK employee with a UK salary. In the 'additional notes' section of the application form, I also stated that I made multiple short trips back to the UK during this absence and my wife remaining in the UK throughout.

No questions were asked and I got my approval in roughly 2.5 weeks.

maveli62 · Post by **maveli62** » Thu Mar 27, 2008 1:07 pm

ppron747 wrote:If you struggle through this page of the IND website you'll see the detailed considerations that caseworkers are supposed to give to such matters....

The link above is not working. Does anyone know the new link ?

Post by **vinny** » Thu Mar 27, 2008 4:06 pm

Chapter 18: Naturalisation at discretion > Annex B: The residence requirements (5. Excess absences in the final year).

tuimas · Post by **tuimas** » Sun Aug 17, 2008 11:38 pm

I have the same situation. I had 158 days out of UK in the last 12 months preceding my application.

I have recorded all the travelling dates and my company wrote letters to state that the trips were business trips. My company is an UK-based company and all my salary (tax) is paid in UK. I don't have a wife but I have bought my home and my car and I have been staying in UK for more than 9 years...

I got my approval in less than one month.

sama · Post by **sama** » Tue Apr 14, 2009 1:42 pm

Hi All,

My case is quite similar to what you guys have, just that my absence from UK is much longer. Apologies for the long email!

Background:
I was working for a UK based company's sister concern (Base office) in india and came to the UK on work permit in year 2001. Once in six month I use visit India on holiday untill Jan, 2006. I am paid a dual package Salary in india and allowances in the UK (no payslip but Form 60 is issued).

ILR:
I was granted ILR in May 2005. I had to work for Base office in india for about a year and 1 month. I have returned to the UK for couple of weeks in Jan 2008 and again for about 2 month (June and July). I have quit my job and moved to the UK permanently since Nov, 2008.

UK relationship:
I dont own any property in the UK, but i do have substantial savings in the UK and in the process of buying a property.

Absenses:

UK Arrival - Left the UK - Absense
02/06/2001 - 23/12/2001
06/01/2002 - 16/06/2002 - 14
30/06/2002 - 24/12/2002 - 14
06/01/2003 - 29/09/2003 - 13
18/10/2003 - 04/04/2004 - 19
17/04/2004 - 02/10/2004 - 13
17/10/2004 - 03/06/2005 - 15
26/06/2005 - 06/01/2006 - 23
04/02/2007 - 24/07/2007 - 394
20/01/2008 - 02/02/2008 - 180
11/06/2008 - 30/07/2008 - 130
11/11/2008 - 104

Questions:

a. Do I qualify for UK Citizenship, if yes, when should I make my application(since, I wasnt physically present in the UK 1 year ago on this date)
b. Will the Home office consider only absenses for last 5 years?.
c. Since I was shuttling between india and the UK on business/work related trips, will those absense (a total of 846 days in last 5 years) be exempted by Home office? I was working for the same employer all through these UK absenses.

thanks
sama

sama · Post by **sama** » Wed Apr 15, 2009 6:26 pm

Hi,

Please could someone comment on my case?

thanks
Sama

Post by **JAJ** » Sun Apr 19, 2009 3:52 am

sama wrote:Hi,

Please could someone comment on my case?

thanks
Sama

Have you looked at Chapter 18 of the Nationality Instructions, specifically Annex B (residence requirement)?
http://www.bia.homeoffice.gov.uk/policy ... ns/nivol1/

sama · Post by **sama** » Sun Apr 19, 2009 2:03 pm

hi Jaj,

Yup, i did look at Chapter 18.

My absenses in last 5 years is 836 days and in the last 1 year it is 104 days. I have established home and family in the uk, and in the process of owning a property in the uk. Throught my absenses from the UK i was working for the same employer and I was shuttling between London and India on business purposes. I have been in the UK contineously for 3 years prior to the last 5 years, which is also an requirement to be meet.

I feel my case is on the edge, not fully qualified at the same time not fully disqualified.

Is there anything that i can do to strenghten my case.

thanks
Sama.

global gypsy · Post by **global gypsy** » Sun Apr 19, 2009 3:23 pm

JAJ wrote:Have you looked at Chapter 18 of the Nationality Instructions, specifically Annex B (residence requirement)?
http://www.bia.homeoffice.gov.uk/policy ... ns/nivol1/

For some reason, I can't get the document to open:
http://www.bia.homeoffice.gov.uk/siteco ... chapter18/

Is there an alternative location where it can be viewed?

sama · Post by **sama** » Mon Sep 28, 2009 10:47 pm

Guys, Please could someone comment on my case. Do I stand a chance at all?

thanks
Sama

f2k · Post by **f2k** » Tue Sep 29, 2009 5:33 pm

sama wrote:Guys, Please could someone comment on my case. Do I stand a chance at all?

thanks
Sama

have you had a look at http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary
section 4.1.1

taliska · Post by **taliska** » Tue Sep 29, 2009 8:36 pm

sama I think you are going to have to write either in the Further Information section of your application or maybe get a signed letter from your employer which states that you have been travelling on company business for the periods you have been overseas. Unless someone who visits this forum is an immigration officer I don't think you will get any definitive answer on this and you may just have to apply and maybe the HO will if necessary ask you for further info if they have a query. Good Luck.

sama · Post by **sama** » Tue Sep 29, 2009 8:45 pm

Thanks guys for responding. I called up contact center, even they are not very sure. Looks like it all depends on what I write in Further Information, Case Worker and ofcourse my luck!

Had it been more than 900 days the chances would have been highly remote or may be impossible.

ta
S

Sten · Post by **Sten** » Wed Sep 30, 2009 12:47 pm

Unwanted wrote:Well, IND has responded two weeks after I emailed them the same question.

Where did your address your email to ?

I sent mine two weeks ago to ukbanationalityenquiries and still no reply ..

sama · Post by **sama** » Tue Dec 22, 2009 9:41 pm

Hi,

I am filling application, I am asked to provide addresses for last five years. Within last five years, I spent 1 year out side the UK. Should I include that address as well?

Any quick response would be appreciated, as I got my appointment with NCS scheduled for mid next week.

ta

republique · Post by **republique** » Tue Dec 22, 2009 9:43 pm

sama wrote:Hi,

I am filling application, I am asked to provide addresses for last five years. Within last five years, I spent 1 year out side the UK. Should I include that address as well?

Any quick response would be appreciated, as I got my appointment with NCS scheduled for mid next week.

ta

You spent 1 year outside the UK consecutively.
That is not promising for your application

sama · Post by **sama** » Wed Dec 23, 2009 10:12 am

I was in the UK since Jun, 2001. Got my PR in May, 2005. Between 2005 and 2008, I spent 1 full year in India for Business reasons.

Is this gonig to be a issue?

ta

sama · Post by **sama** » Wed Apr 14, 2010 2:32 pm

Just thought I should let the forum know.

My application was rejected on the grounds that I spend too much time outside the UK and was on payrolls of a UK based company's India branch/office.

sama

f2k · Post by **f2k** » Wed Apr 14, 2010 4:29 pm

sama wrote:Just thought I should let the forum know.

My application was rejected on the grounds that I spend too much time outside the UK and was on payrolls of a UK based company's India branch/office.

sama

Thanks for the update and sorry to hear you were unsuccessful.

Out of interest how long did it take for UKBA to decide your case? We see a lot of timelines for those approved but hardly any for those rejected

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Naturalisation: 90 day rule exemptions?

Naturalisation: 90 day rule exemptions?

Naturalisation: 90 day rule exemptions?