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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Howard! Good morning:) Can I ask you a quick question re:

Resolved Question:

Hi Howard! Good morning:) Can I ask you a quick question re: naturalisation?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
SO. My husband and myself are planning to apply for British citizenship late March 2016.
The situation:
- ILR received March 2015
- We've been UK Residents for 6 years (July 2009-July 2015)
The complication:
- My husband travels extensively for work.
- He has been away for 723 days (95% business) for the last 5 years.
Which means, he will need to apply under the discretion route.
The question:
- If we apply March 2016, he would have been away for around 700 days in the past 5 years since the date of the application. He would have been a resident for 6 years and 8 months vs 7 years. Does he definitely need to wait longer to submit his application to meet the 7 years residency requirement?
- Re: the 2 years prior to the 5 years residency period. He was consistently away for 100-150 days each year since we moved to the UK in 2009. So, each year of the 5 or 7 years residency, he would have been away for that period of time. Will that influence his chances by any means?
- Lastly. He would most likely have been away for more than 90 days in the past 12 months from the date of the application. We are probably talking 150 days, of which 100 days were for business (and the rest, personal sabbatical). What are the limits there? And if he can show proof that the major reason he was away was for business travel, would that fall under the favourable discretion?
Thank you very much.
Customer: replied 1 year ago.
Hello? :)
Expert:  UKSolicitorJA replied 1 year ago.
Hello,
I would suggest that your husband waits until he has resided in the UK for 7 years before applying for naturalisation as that means that he will have a better chance of discretion being applied in his favour. This is only 4 months after your intended application date.
He should submit evidence that his travel was work related and it would help his case if his employer is a UK business.
I am also assuming that you have both established your main home in the UK. The days of absence you mention are within the discretionary limits so I do not think you have anything to worry about.
See pages 7-9 of this booklet if not done so already
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/432525/AN_Booklet_Jun_2015.pdf
Hope this helps
Customer: replied 1 year ago.
Thanks a lot!
Clear on the first 2 points.
To clarify the 3d. We are planning a 2 month trip out of the country for an extended vacation/sabbatical before the application date, within the 12 months. So, it would be 100 days business absences, and about 50 days personal ones. Will or could this have any impact on our application? Thanks for clarifying.
Customer: replied 1 year ago.
Hey hey, just hoping for clarification on the last point. Thank you!
Expert:  UKSolicitorJA replied 1 year ago.
Upto 150 days is fine.
All the best
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience: English solicitor with over 12 years experience
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