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special circumstances
Posted: Thu Sep 26, 2013 12:59 am
by botech12
Hi
My wife has been outside the UK for 120 days in the last 12 months.
She had gone to visit relatives as there has been few functions to attend.
I was wondering if I can put visiting relatives as special circumstances and mention the details.
We have our home in the UK and she has met residential requirements over the qualifying period. (5 years)
Posted: Thu Sep 26, 2013 1:43 am
by vinny
Posted: Thu Sep 26, 2013 9:11 am
by Jambo
Although not considered special circumstances, if she meets all the other requirements, discretion is likely to be applied to approve the application.
Posted: Thu Sep 26, 2013 9:56 am
by botech12
Thanks for your comments.
Has there been any cases where the application is rejected?
Posted: Thu Sep 26, 2013 10:11 am
by Jambo
Of course. Nothing is guaranteed but as I said if she meets the other requirements, she is likely to be approved.
Posted: Thu Sep 26, 2013 11:04 pm
by wpilr_nov12
also depends on whether the absence was towards the early part of the 12 month period
Re: Residential requirement
Posted: Fri Oct 04, 2013 2:21 pm
by vinny
botech12 wrote:Hi
On the residential requirement for my wife, she has been in the UK since May 2008.
We had ILR granted in Nov 2011 and she was a dependent till then.
Since she has been in the UK for more than 5 years, she would qualify wouldnt she?
Or is it mandatory to be present for 5 years in UK and then 1 year on ILR>
To in total minimum 6 years she should be in UK ?
This is what is mentioned in the UKBA website:
Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
-been resident in the UK for at least five years (this is known as the residential qualifying period); and
-been present in the UK five years before the date of your application; and
-not spent more than 450 days outside the UK during the five-year period; and
-not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
-not been in breach of the Immigration Rules at any stage during the five-year period.
Posted: Fri Oct 04, 2013 2:24 pm
by vinny
Part of the standard
requirements are 5 years, with the final year being free of Immigration time restrictions (e.g. ILR for at least one year), etc.
Posted: Fri Oct 04, 2013 2:26 pm
by botech12
thanks for your reply Vinny.
So this means its alright to have 1 year ILR within the 5 year period, isnt it?
Posted: Fri Oct 04, 2013 2:46 pm
by vinny
Yes.
Posted: Fri Oct 04, 2013 2:48 pm
by botech12
Thanks VInny.
I had applied under this thought...but I read in a post regarding the 5+1 years requirements which gave me a fright as I had applied already....
FIngers crossed, hope everytyhing goes well..
Posted: Sat Oct 12, 2013 2:23 am
by LIANA
Jambo wrote:Although not considered special circumstances, if she meets all the other requirements, discretion is likely to be applied to approve the application.
Dear Guru I am applying under chapter 18 7.5G discretion so do i need to tick 6.6 of application form ? is it comes under special circumstances ?
is it compulsory to send driving license as identity previously used for LIUK test OR current foreign Passport & ILR BRP card will be enough this time . plz explain
Re:
Posted: Thu Jan 02, 2014 11:14 pm
by srreddy
botech12 wrote:Thanks VInny.
I had applied under this thought...but I read in a post regarding the 5+1 years requirements which gave me a fright as I had applied already....
FIngers crossed, hope everytyhing goes well..
Hi
I am also under the same situation. Could you share your result please ?
My wife has completed 5 years (including the PR) by 25 JAN 2014.
Myself is 5 + 1 ( including PR) In this case can we both do joint application for Citizenship ?
Thanks in advance.
Re: special circumstances
Posted: Fri Jan 03, 2014 12:32 am
by botech12
Yes you can. All the very best.