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Topic: UK Citizenship and 'Discretion' for Absences  (Read 1756 times)

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UK Citizenship and 'Discretion' for Absences
« on: January 20, 2019, 09:25:40 PM »
I'm looking for some advice from any of you well-seasoned people. I'm trying to figure out when to apply for citizenship now that I have ILR.

If I apply after March 25, my days absent will be 282 and 80 days within the last 12 months.
If I wait until after May 10, my days absent will be 271 (SO close!)
Otherwise, I'll have to wait until after July 18 when it's down to 257

I guess I want to know if 'absences normally disregarded' means...no problem, I can go ahead? How risky is it to presume upon their discretion? Do they take into account what the travel was for/that it was with my husband? I'd like to apply as soon as I can and get the whole thing DONE, but I don't want to take a silly risk, either!

Has anybody seen successful/unsuccessful cases of exceeding the 270? What's your advice? TIA!!

Here's the documentation I'm going from:

In Booklet AN, pages 7-8
Quote
To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270.

There is discretion to disregard absences in excess of the limits. This discretion is outlined in the following tables:

Normal permitted absences in QP - 270 days
Total number of absences normally disregarded - 300 days

Normal permitted absences in final 12 months of your qualifying period - 90 days
Total number of absences normally disregarded - 100 days

Then in the guidance for UKVI here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/665387/naturalisation-as-a-British-citizen-by-discretion-v2.0EXT.pdf it says:
Quote
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.
26 Jul 2013 - Legal marriage
17 Sep 2013 - Posted docs to visa expeditor to submit to UKBA
18 Oct 2013 - Spouse visa received
27 Oct 2013 - Wedding ceremony
13 Nov 2013 - Entered UK on spouse visa
17 Jun 2016 - FLR(M) Granted at PSC
5 Sep 2017 - Passed LITUK
28 Nov 2018 - Applied for ILR via online SET(M), attended UKVCAS appointment in Birmingham (Super Priority)
10 Dec 2018 - Received ILR BRP
1 & 30  Aug 2019 - Applied for naturalisation & UKVCAS appt
12 Sep 2019 - Approval letter
5 Oct 2019 - Extension granted
11 Feb 2020 - Ceremony!! Yay!


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Re: UK Citizenship and 'Discretion' for Absences
« Reply #1 on: January 20, 2019, 09:31:39 PM »
I'm looking for some advice from any of you well-seasoned people. I'm trying to figure out when to apply for citizenship now that I have ILR.

If I apply after March 25, my days absent will be 282 and 80 days within the last 12 months.
If I wait until after May 10, my days absent will be 271 (SO close!)
Otherwise, I'll have to wait until after July 18 when it's down to 257

I guess I want to know if 'absences normally disregarded' means...no problem, I can go ahead? How risky is it to presume upon their discretion? Do they take into account what the travel was for/that it was with my husband? I'd like to apply as soon as I can and get the whole thing DONE, but I don't want to take a silly risk, either!

Has anybody seen successful/unsuccessful cases of exceeding the 270? What's your advice? TIA!!

Here's the documentation I'm going from:

In Booklet AN, pages 7-8
Then in the guidance for UKVI here https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/665387/naturalisation-as-a-British-citizen-by-discretion-v2.0EXT.pdf it says:
Are you counting your travel days (the day you left the country and the day you returned) as absent days?

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Re: UK Citizenship and 'Discretion' for Absences
« Reply #2 on: January 20, 2019, 09:37:55 PM »
Assuming your count is correct, when it's a case of only a few months, why even take the chance? I would just wait it out. :)

Make sure you apply on a day that you were in the UK exactly 3 years before.


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Re: UK Citizenship and 'Discretion' for Absences
« Reply #3 on: January 20, 2019, 10:31:38 PM »
Are you counting your travel days (the day you left the country and the day you returned) as absent days?
Yep, I haven't counted travel days...

Assuming your count is correct, when it's a case of only a few months, why even take the chance? I would just wait it out. :)

Make sure you apply on a day that you were in the UK exactly 3 years before.
I guess I'm impatient! Also, if I could do it end of March, it would be before the fees potentially increase. It just sounds like it would be ok from the guidance...but maybe it's too good to be true?

Another thing I'm thinking about is that I might be out of the country for 6 or 7 weeks in September and October, and wouldn't want to miss the ceremony booking/attendance window (some say must be booked within 21 days of receiving the letter, some say booked and attended within 3 months).

Yep, I've got a spreadsheet of all my trips will definitely apply on a date that I was in the UK 3 years earlier.  [smiley=2thumbsup.gif]
26 Jul 2013 - Legal marriage
17 Sep 2013 - Posted docs to visa expeditor to submit to UKBA
18 Oct 2013 - Spouse visa received
27 Oct 2013 - Wedding ceremony
13 Nov 2013 - Entered UK on spouse visa
17 Jun 2016 - FLR(M) Granted at PSC
5 Sep 2017 - Passed LITUK
28 Nov 2018 - Applied for ILR via online SET(M), attended UKVCAS appointment in Birmingham (Super Priority)
10 Dec 2018 - Received ILR BRP
1 & 30  Aug 2019 - Applied for naturalisation & UKVCAS appt
12 Sep 2019 - Approval letter
5 Oct 2019 - Extension granted
11 Feb 2020 - Ceremony!! Yay!


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  • Joined: Sep 2010
Re: UK Citizenship and 'Discretion' for Absences
« Reply #4 on: January 20, 2019, 10:35:48 PM »


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Re: UK Citizenship and 'Discretion' for Absences
« Reply #5 on: January 21, 2019, 05:19:42 PM »
Honestly, I’d wait. I was in a rush to apply in December, and according to another board the UKVCAS applications have barely begun to be approved. If you wait, hopefully any teething problems will be sorted.


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