Discretion for Absences - Any examples?

[Wizard33]

I will have had my ILR for 1 year from April next year so will apply for citizenship. I believe that when you apply for citizenship, over the previous 5 years, you are not supposed to be out of the country for more than 450 days. My total absences over the past four years are already at 463, so assuming I take another 4-6 weeks of holiday this year, they will be up over 500 by the time of application. I understand that they will apply discretion and allow me to obtain citizenship as long as I meet all the requirements and have established my home, family and a large part of my estate here. Does that mean that if I own a flat here for example, that they would almost certainly disregard absences over 500 days? Have you seen circumstances where they haven't accepted the application when absences are above this amount? I am hoping the fact that I was away for work for many of these absences, as explained by my employer letter for my ILR application, will help me when the case worker decides.

I don't know yet how many days I will be out of the country in my final year, but I do have two weddings in Australia later this year which means it will probably be at least 7 weeks. If I also do some work trips I may be over the 100 days as well for the last year where again, I understand they apply discretion. Will it be a problem if they have to apply discretion in two instances? (i.e. for total absences over the 5 years, and absences in the last year?)

Any examples of successful or unsuccessful applications in similar circumstances would be gratefully received.

[Amber]

I will have had my ILR for 1 year from April next year so will apply for citizenship. I believe that when you apply for citizenship, over the previous 5 years, you are not supposed to be out of the country for more than 450 days. My total absences over the past four years are already at 463, so assuming I take another 4-6 weeks of holiday this year, they will be up over 500 by the time of application. I understand that they will apply discretion and allow me to obtain citizenship as long as I meet all the requirements and have established my home, family and a large part of my estate here. Does that mean that if I own a flat here for example, that they would almost certainly disregard absences over 500 days? Have you seen circumstances where they haven't accepted the application when absences are above this amount? I am hoping the fact that I was away for work for many of these absences, as explained by my employer letter for my ILR application, will help me when the case worker decides.

I don't know yet how many days I will be out of the country in my final year, but I do have two weddings in Australia later this year which means it will probably be at least 7 weeks. If I also do some work trips I may be over the 100 days as well for the last year where again, I understand they apply discretion. Will it be a problem if they have to apply discretion in two instances? (i.e. for total absences over the 5 years, and absences in the last year?)

Any examples of successful or unsuccessful applications in similar circumstances would be gratefully received.

It is discretion so there is no assurances if you are outside the permitted absences. If you can show that the majority of your estate (land, chattels and money) is in the UK then it should suffice. However, there is no guarantee.

[niteshj]

see one of the posts I made on this topic

http://www.immigrationboards.com/viewto ... 081#869081