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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7650
Experience:  UK Lawyer holding practising certficate for England & Wales.
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I have lived in the UK for the past 23 years. I am a

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Hello, I have lived in the UK for the past 23 years. I am a permanent resident and want to be naturalised, but I have been out of the country for more than 450 days within the last 5 years. This has been for a mixture of work and holiday. Am I able to still apply for naturalisation without being rejected?

Hi

Thanks for your question.

The home office has a discretion to disregard absences above 450 days and below 900 days where these absences were an unavoidable consequence of your work.

You should count the number of days that you are absent from the UK solely for work reasons and see if these bring your total number of days to below 450 period if they do then you would have a good chance of having them disregarded and applying for naturalisation on this basis.

However you would have to show with documentary evidence that these days absent for work reasons were for work by producing evidence of the days and confirmation from your employer that they were for work reasons. Provided you are able to do this then you would have a good chance of having the days disregarded and having your application approved on this basis.

If you require any clarification then please let me know. I would be grateful if you would please kindly leave feedback using the stars at the top of the page.

Kind regards.

Tom

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Customer: replied 1 month ago.
Hi, thanks for your response. It was very helpful.How do I apply for a discretion? When I looked at the application I did not see a place to apply to have days disregarded.Sorry if you see this question on another thread. I asked it independently but realised it may not have been connected to my original question. Thanks

Hi I cannot comment on how you complete specific parts of the forms because that would be specific advice and this is a general question/answer site.

If you want a solicitor to do that for you then you would have to instruct them in person in the usual ways.

Good luck.

Tom

Customer: replied 29 days ago.
Okay. So to apply for a discretion a solicitor must do it? I can't do it by myself?

Hi,

Ideally a solicitor would do it for you by preparing your application and the supporting statements/collating documentary evidence on your behalf, but this is not a legal requirement so you could do it yourself by preparing your statements and evidence. Ideally though, it would be through a solicitor.

Please remember to leave feedback using the stars at the top of the page.

Apologies for the delay in responding/

Tom