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Absence over 450 days in 5 years

Posted: Mon Jul 03, 2017 10:23 pm
by Dimik
Hi there,

Quick question. My absences over the last 5 years are close to 600 days and around 125 in the last year.
The main reason for those absences is my job, I am required to travel every other week to see clients abroad. I have done the same job with the same employer for over 5 years.

Is this going to cause a problem?
What to I need to keep in mind? I.e. shall I add anything to the application? Like my own declaration?
I already have an employer's letter certifying my employment and stating that "I am required to undertake business travel".

Or should everything be fine, as e.g. the AN Booklet page 8 says "An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad".

Thanks a lot for your kind help in advance!

Re: Absence over 450 days in 5 years

Posted: Tue Jul 04, 2017 9:14 am
by Dimik
Just to add to that: I am a German citizen and received my Permanent Residency Certificate last year.

Re: Absence over 450 days in 5 years

Posted: Tue Jul 04, 2017 1:02 pm
by thsths
Check the booklet AN Requirements - it has quite a detailed list on how and when discretion is exercises with respect to the absences. The 600 days seem to be not a big deal if they are mostly work related, which should be obvious from your list of absences. The 120 days in the last year are possibly more sticky. Is there any way that you could wait until the number drops below 100? If not, you have to demonstrate strong ties in the UK: family, investments, owning a house, or the fact that you never spend a lot of time in any country except the UK. It should work, but the guidelines are a bit vague.

Re: Absence over 450 days in 5 years

Posted: Tue Jul 04, 2017 1:10 pm
by Dimik
thsths wrote:Check the booklet AN Requirements - it has quite a detailed list on how and when discretion is exercises with respect to the absences. The 600 days seem to be not a big deal if they are mostly work related, which should be obvious from your list of absences. The 120 days in the last year are possibly more sticky. Is there any way that you could wait until the number drops below 100? If not, you have to demonstrate strong ties in the UK: family, investments, owning a house, or the fact that you never spend a lot of time in any country except the UK. It should work, but the guidelines are a bit vague.
Thank you very much for your answer!
Yes, it is a little bit vague indeed. Any my absences are no "traditional" ones but directly related to my job (I have to travel to see clients abroad). The employee letter confirms this.

Quick question related to Page 27 of the application form:
"7.7 *I declare that, although I do not meet all of the statutory requirements for
naturalisation, I believe that, in view of the following special circumstances, the
Home Secretary should treat me as fulfilling those requirements or waive the need
in my case to fulfil them."

In my case, do I HAVE to tick it? As I am exceeding the 450 days..
If yes, how should I phrase the reason? Simply "necessary work related travel for UK based company over the last 5 years"?

Thanks a lot once again

Re: Absence over 450 days in 5 years

Posted: Tue Jul 04, 2017 7:35 pm
by Dimik
anyone had the same issue or heard of someone who has?

Re: Absence over 450 days in 5 years

Posted: Fri Sep 29, 2017 5:08 pm
by kaiten99
Hi Dimik,

Yes, I have the same issue, my absences were about 370 days in the last 3 years and 570 days in the last 5 years. I've also been out of the country for about 150 days in the last 12 months. I'm an EU citizen and have lived in the UK for about 18 years, mostly due to business trips while working for my UK employer. I've made the UK my principal home (my wife is British, we live here, I run my own company here, nearly all our financial assets are here, we have two children who are both British citizens).

I'm not sure what to do. What did you decide to do in the end?

Re: Absence over 450 days in 5 years

Posted: Sat Sep 30, 2017 5:17 pm
by EEA National
This is the policy guidelines for the caseworker
https://www.gov.uk/government/publicati ... y-guidance

Look closely at page 15 onwards
It looks that you will be ok if you can demonstrate strong links with family, employment and established home in UK