Immigrationboards.com

Hi All

Need some guidance on Naturalisation, please.
Passed the Life in UK test in May 2020
Got ILR in Sep 2020 as married to British Citizen
I decided to go to India in October 2020. I got stuck due to the Covid lockdown - I finally returned in June 2021. I had to do the mandatory hotel quarantine.
Days out from the UK - 239
I worked full-time from India (in the UK time zone) for a British Consultancy.

In May 2022, I had to go see a sick relative whilst visiting - I had chicken pox and also was pregnant.
Due to high risk - I could not travel back with the baby in May 2023
Days out from the UK - 371
Worked till 6 months after that on Maternity Leave for the same company.

Total Days out 239+371=610 Days


Clearly, I have exceeded the allowed absences.
I have reviewed the Guide AN Naturalisation booklet – The Requirements and the Process October 2023 PDF.

As I understand, I will be applying under the 3-year route section 6(2)
This has an option: "You have established your home, family and a substantial part of your estate here." "For absences exceeding 450 days, we would expect you to have been resident in the UK for the last 5 years unless the absences were the result of one of the reasons given below."

My reasons :
The baby has an Indian passport with a Certificate of entitlement
I have received Maternity pay
We are homeowners with joint mortgage.
Spouse British Citizen

What is the best option for Naturalisation for me?

Any help and advice will be greatly appreciated.

How long were you resident in the UK for before your substantial absences started? Note that if you apply as spouse of a British citizen you would need to wait at least until June 2024, as there is the requirement for the applicant to have been in the UK three years before the day of the application. That would also help your days of absence in the last 12 months from the application go below 90.

Hello contorted_svy

thank you so much for replying.

I got my Spouse Visa in May 2015 - and arrived in the last week of May 2015.

Does that help at all?
Thanks

Why do you have to accounts?
It's not permitted on the forum.

blinguk wrote: ↑

Tue Nov 21, 2023 3:11 pm

Hello contorted_svy

thank you so much for replying.

I got my Spouse Visa in May 2015 - and arrived in the last week of May 2015.

Does that help at all?
Thanks

Were you in the UK consistently? That helps with the number of overall absences but you need to review this https://assets.publishing.service.gov.u ... t_2023.pdf pages 11 and following, in your case particularly this:

Only very rarely would we disregard absences in excess of 900 days (540 days
for section 6(2) applications). If your absences are more than this limit your
application is likely to fail and your fee will not be fully refunded.

You have over 540 days and your reasons to be absent are not among the exceptions admitted by the HO. You need to wait until June 2024 anyway because of the requirement at page 10

If you are applying under section 6(2), as the spouse or civil partner of a British citizen,
you must have been in the UK exactly 3 years before your application was received. For
example, if your application is received on 05/05/2021, you should have been physically
present in the UK on 06/05/2018.

If you apply after then, you will have 371 days of absence - so go back to page 11-12:

More than 300 days and up to 540 days
Absences normally disregarded only if:

you meet all other requirements and you have established your home, family and a substantial part of your estate here.

Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.

So you need to wait until June 2024 AND make the case that you established your life, family and estate here AND demonstrate you had lived here for at least 4 years before the qualifying period started.

If you applied right now, you application would have a strong chance of begin refused because of the very high amount of absences and the fact you were absent from the UK on the day 3 years prior to when you'd apply.