How often does UKBA use Discretion

[Kashkot]

Hi

I am planning to apply for Naturalisation in a months time. I have lived in UK since March 2011 on Tier 1 Dependant Visa and got my ILR in June 2015. However I have not applied for Naturalisation in 2016 because I would not have qualified on residency requirements. I was outside UK more then required period between March 2011 and June 2013.

From June 2013 till today I have spend almost 477 days outside UK. Mostly to spend some time with my old parents back home including some holiday time. Unfortunately I didn't realise that I spend more than 450 days outside UK until I checked the stamp dates on my passport.

I have read it on UKBA website and other numerous websites that there is discretion to disregard absences in excess of the limits upto 480 days. Page 7 of naturalisation booklet - Requirements clearly mentions it as well.

https://assets.publishing.service.gov.u ... feb-18.pdf

Questions: Do you think UKBA generally/mostly disregard absence upto 480 days and will it worth applying for naturalisation now? I will also be applying for under 18 naturalisation for my daughter at the same time who has exactly same number of absences from UK.

Thanking you in Advance.

[Kashkot]

Please if someone can advise on this, I would really appreciate that.

[muraenidae]

Up to 480 days are normally disregarded. I think it would be worth applying now.

Two things:

1) Just to make sure, are you counting your absences correctly? Do not include the days of departure and return in your absences. (I.e., if you leave on 1st May and return on 3rd May, that's only a 1 day absence.)

2) How long would you have to wait until your absences are below 450? If it's only a month or two, you might as well wait to make extra sure. But I don't think you'll have a problem below 480 days anyway.

[Kashkot]

Thanks a lot muraenidae for your kind reply.

With regards to you point 1) I have recalculated the dates - total number of absences are 474 days.

and point no. 2) I would have happily waited for another month or two but unfortunately that would not change the number of absences at all. I will have to wait till April 2019 to go below 450 days.

Does anybody else in this forum thinks that I will be fine applying now. Just wondering if somebody has different experience or opinion.

[Kashkot]

Hello,

I have an excess absence from UK during last 5 years. It is less than 480 days but more than 450 (around 475 days). UKBA website and guide states that they would usually disregard absences between 450 and 480 days.

Do they actually use the discretion to every single application if the days are between 450 days and 480 days, if every other requirement is fine. OR will it depend on case worker.

Thanks in Advance