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Absence excess 6 (456)days- 5 year qualifying period

Posted: Sat Mar 18, 2017 10:08 am
by Imm_User
Hello,
I am applying for naturalisation next week for myself,wife & a child.

My wife meet all other requirements comfortably except the allowed absence. Due to maternity reasons in 2012, she is exceeding the "normal permitted absences in 5 year QP" of 450 days by 6 days. In the guideline its clearly written that the "Total number of absences normally disregarded" up to 480 days. My question-

1. Would they normally disregard 6 days of excess absence? or in order for them to exercise the discretion - shall I provide specific documents showcasing she have enough ties with UK?

2. Would a normal explanation on the last page in Form AN would be sufficient?

3. Anyone recently gone through similar situation and can share their experience.

I cannot wait until <450 days to submit the application,as then my wife will not meet the criteria of being physically present in UK at the starting of 5 years until November 2017. I can also wait to get my BC first but I would like to know how risky is to apply with 6 days of excess absence which assessed marginally acceptable by case worker.

Thanks

Re: Absence excess 6 (456)days- 5 year qualifying period

Posted: Sat Mar 18, 2017 10:37 am
by vinny
Imm_User wrote:My wife meet all other requirements comfortably except the allowed absence. Due to maternity reasons in 2012, she is exceeding the "normal permitted absences in 5 year QP" of 450 days by 6 days. In the guideline its clearly written that the "Total number of absences normally disregarded" up to 480 days.
Annex B: residence requirements wrote:4.1.1 Absences totalling 480 (300) days - normally disregard.
My mathematical understanding is that 450 + 6 = 456 < 480 days. So, they should normally disregard it.

Are you counting whole days for absences?

Re: Absence excess 6 (456)days- 5 year qualifying period

Posted: Sat Mar 18, 2017 11:25 am
by Imm_User
Thanks reply. Yes, I am counting whole days only.

For discretionary reasons- Shall I provide specific documents showcasing she have enough ties with UK?

Re: Absence excess 6 (456)days- 5 year qualifying period

Posted: Sun Mar 19, 2017 1:28 am
by RRSB2012
Hi,
I haven't applied yet but have booked an appointment with the Council. While booking the appointment they asked about the absences in last 5 years which in may case are 476 days. These are due to business travels. So they have asked me to get a letter from the employer regarding the business travels.

However, as Vinny said above, the rules clearly say absences of upto 480 days will be normally disregarded. So it shouldn't stop you from applying. If you want a bit of peace of mind, attach whatever you have with the application, just in case.

Cheers
R