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Hi there,

I have exceeded the maximum absences during the qualifying period (5 years). However, I expect to be within the 90 days during the last 12 months of my qualifying period.

Background
I have been living in the UK since Apr 2013 (nearly 6 years). I have got EEA permanent residence since Jul 2018. I plan to apply for British citizenship in Jul 2019 by discretion on the basis that the excess absences were an unavoidable consequence of the nature of my job with a multinational company based in the UK with frequent travel abroad (around 350 days in the 5 years qualifying period).

I rent an apartment in the UK. My job is based in the UK (though I frequently travel for business outside the UK). I'm single and resident in the UK. All my finances (financial assets, pensions, bank accounts, savings, etc..) are in the UK.


Questions
1. Is there anything I should be aware of that could affect my application to be sadly rejected prior to applying for British citizenship in Jul 2019 (after the 12 months EEA permanent residence) by discretion on the basis that my excess absences were due to business as mentioned above?
2. What's the chance in getting my application through (successful application) if I submit my application by discretion based on my current background?
3. What's the timescale in getting response from HO, ceremony, and finally passport?

Many thanks to those who will reply to my concern/case.

P.S. around 350 days were due to business and around 300 days personal holiday. Both absences were to several destinations around the world.

I applied with 570 days (about 370 days for business, 200 PTO) of absence during 5 years and got approval. All my absences were confirmed by employer's letter. On top of that I've been living in the UK for 8,5 years and I'm homeowner.
So it really depends on how you can justify your absences, which supporting documents you can provide and how strong your ties with this country.

Thank you for the reply romado.

My concern is on the additional time (>2 years) that your have on top of your qualifying period, time that I don't have.

I looked into the documents presented on the gov.uk website and came across these two interesting paragraphs:

Page 8 of AN Booklet December 2018
Absences normally disregarded only if:
• you meet all other requirements
and
• you have established your home, family and a substantial part of your estate here.
Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.

However, just below the table on page 8:
"For absences exceeding 730 days (or 450 days for 6(2) applications) we would expect you to have been resident in the UK for the last 8 years (5 years for 6(2) applications) unless the absences were a result of either:
• (my case) 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"

Reference
https://assets.publishing.service.gov.u ... r_2018.pdf


Page 16 of Naturalisation as a British citizen by discretion
Where the applicant has absences of between 480-900 for applications under section 6(1) of the British Nationality Act 1981, or 300-540 for applications under section 6(2) and otherwise meets the requirements you must only consider exercising discretion where the applicant has established their home, employment, family and finances in the UK, and one or more of the following applies:
• (my case) the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad

Reference
https://assets.publishing.service.gov.u ... retion.pdf

I draw the following conclusions:
Page 8 of AN Booklet December 2018 --> It is not clear if the 7 years of residence is a requirement for absence in excess up to 730 days since it is used "we would expect you to have been resident" and the additional sentence below the table uses "unless the absences were the result of" for absences exceeding 730 days (I take this statement to apply to the absences exceeding 450 days, but less than 730 days too?), leading to conclude that if the excess absences were an unavoidable consequence of the job, the 7/8 years of residence is not required? Therefore, I conclude that there won't be any problems if I prove that my absences in the last 5 years were due to business?

Page 16 of Naturalisation as a British citizen by discretion --> Here the paragraph is more concise. I conclude that if I have established my home in the UK (well I appreciate the fact that if I was homeowner, it would make the case stronger; however, I can show my 12 month renewal contract for the apartment - I may see value to invest money on financial assets rather than housing?), job, family, and finances in the UK, and one or more of the following applies (well the one will be the job as reported above), there won't be any problems if I prove that my absences in the last 5 years were due to business?

Please let me know if I misunderstand anything. I would truly appreciate any advise and/or any suggestion of supporting documentation that would be good to make my case stronger. Unfortunately, I can't change my past absences and I won't be able to stop my future absences with the current work that I truly love.

Best regards
Simone