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Hi,

i want to know how the discretion is carrieod out when the abscence in the last year of naturlaisation is more then 90 days and nearly 180 days

The rule says:
Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.

I have my family here, my wife and 3 kids.. infact would be applying for them also with my application.
The abscence was due to the fact that my wife was expecting twins and had gone back to home country so that i can have more family support
I do not have any owned property over here and live in a rented appt..

Are this condition sufficient for the discretion or there is no chance?

Thanks

srm wrote:Hi,

i want to know how the discretion is carrieod out when the abscence in the last year of naturlaisation is more then 90 days and nearly 180 days

The rule says:
Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.

I have my family here, my wife and 3 kids.. infact would be applying for them also with my application.
The abscence was due to the fact that my wife was expecting twins and had gone back to home country so that i can have more family support
I do not have any owned property over here and live in a rented appt..

Are this condition sufficient for the discretion or there is no chance?

Thanks

In other words, your family was not present in the UK during your absence! And you have no estate in the UK.

oh.. i thought prescence of family is needed while making an application and not during the abscences....

so it means prescence of family is needed during the Abscences and not during making application?

IMHO, your links to UK at the time that you were absent are relevant (intention to return).

Also, if "presence of family in UK on date of application" was to be the criteria, then I don't see the reason of "discretion" - almost every applicant with family would be able to take advantage of this criteria.

sushdmehta thanks for your comments...

mey be it would be worth for me to wait for additional 6 months and then apply for it...