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Hi

I have lived in the UK since 2003. I got my ILR through Tier 1 in 2011. My spouse and kids since took British Citizenship. We, as a family, lived out of UK from September 2016 to June 2018 to setup a business.

In the last one year I have been away for around 45-50days for the same business.

I was just wondering what would be the nest route for me to apply for citizenship; Spouse route or ILR route?

Does anyone have the link to guidance to caseworkers regarding Residency requirements? I remember long time ago reading that citizenship should not be solely refused based on residency criteria only.

What are my chances of being successful if I apply now and through which route?

kind regards
Fardeen

I was just wondering what would be the nest route for me to apply for citizenship; Spouse route or ILR route?

All routes require ILR. You do however appear to exceed the absence limit for both the 5 year route and the 3 spouse of BC route.

Does anyone have the link to guidance to caseworkers regarding Residency requirements? I remember long time ago reading that citizenship should not be solely refused based on residency criteria only.

True, but you need to provide evidence of your estate in the UK etc. You also need to have been physically present in the UK at the start of the qualifying 3 or 5 year period, which you would fail on the spouse of BC 3 year route.

https://www.gov.uk/government/publicati ... y-guidance

What are my chances of being successful if I apply now and through which route?

Probably slim as you appear to have moved out of the UK to live and start a business and not maintained ties and a substantial part of your estate here.

Thank you for your quick response.

I left in September 2016. So I would be in country if I apply in August.. Also we still own a flat, which we bought in 2006. I have two Pvt Limited companies in UK, which we continued to file returns etc.

We had to setup a development centre for UK Company but unfortunately due to local laws we had to set it up as a separate entity.

So you think I need to wait for another year before I apply?

P.S. In the 22 months we were away we spend about 6-7 weeks in UK.

Hi

I was just reading the below notes and it says if discretion could be applied. Considering I am on ILR since 2011, the three years prior to my 5 year qualifying period I was away for only 70 days over 3 years. During the 22 months I was away, I was accompanying my spouse who is a British Citizen and was on one of the Directors in the Business.

Would these be grounds to grant Citizenship with discretion?

Kind regards
Fardeen

[info]Absences during the qualifying period
Where an applicant has spent more than the 450 day for section 6(1) applications, or 270 days for section 6(2) applications, outside of the UK during the qualifying period you must consider exercising discretion if they meet the other requirements.
Where the applicant exceeds the permitted absence by 30 days or less you must exercise discretion unless there are other grounds on which the application falls to be refused.
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:
• at least 2 years residence (for applications under section 6(1)), or 1 year (for applications under section 6(2)), without substantial absences immediately prior to the beginning of the qualifying period. If the period of absence is greater than 730 days (for section 6(1)) or 450 days (for section 6(2)) the period of residence must be at least 3 or 2 years respectively
• the excess absences are the result of:
o o
postings abroad in Crown service under the UK government or in service designated under section 2(3) of the British Nationality act 1981. accompanying a British citizen spouse or civil partner on an appointment overseas
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 exceptionally compelling reasons of an occupational or compassionate nature to justify naturalisation now, such as a firm job offer where British citizenship is a statutory or mandatory requirement
• •
Where an applicant’s absences exceed those covered above it is highly unlikely that discretion would be appropriate. You should normally refuse the application and advise them to re-apply when they are able to bring themselves with the statutory requirements, unless there are specific circumstances that warrant exceptional consideration at a senior level.[/info]

Hi

Ayy views on this please?

Kind regards
Fardeen

Hi

Would really appreciate some views here please.

Kind regards
Fardeen

Casa being knowledgable gave you her opionion.You seem to disagree and quote chapter and verse.

Nobody else has knowledge enough to confirm your views. So you have to make up your own mind and proceed.

joeano353 wrote: ↑

Thu Aug 15, 2019 9:01 pm

Casa being knowledgable gave you her opionion.You seem to disagree and quote chapter and verse.

Nobody else has knowledge enough to confirm your views. So you have to make up your own mind and proceed.

CR001 advised....not me.

joeano353 wrote: ↑

Thu Aug 15, 2019 9:01 pm

Casa being knowledgable gave you her opionion.You seem to disagree and quote chapter and verse.

Nobody else has knowledge enough to confirm your views. So you have to make up your own mind and proceed.

Apologies, I thought there were more than one person responding in this group. In the past, I have found this forum to be wealth of information dealing with most complex cases and hence was seeking out for more opinions/views. I didn't know once someone replies that's the end of the discussion. Will keep that in mind for future use. Thanks and apologies once again.

Casa wrote: ↑

Thu Aug 15, 2019 9:21 pm

joeano353 wrote: ↑

Thu Aug 15, 2019 9:01 pm

Casa being knowledgable gave you her opionion.You seem to disagree and quote chapter and verse.

Nobody else has knowledge enough to confirm your views. So you have to make up your own mind and proceed.

CR001 advised....not me.

Feel free to respond if you wish.

Casa, CR001, Simon and Zimba can be considered experts in citizenship applications. I have never seen anyone contradict each other. Though they may make some points that could be relevant.
In this case apparently all concur with CR1 and they don't feel it necessary to add to her comments.
The rules are clear you have to be living in the UK for the period and its obvious you do not. The reason you are abroad is not a factor in consideration. So you have to decide if you want to try your luck and lose £1330 or wait until you are eligible.

Thanks for your clarification.