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Hi,
In past I have posted few posts here and got good answers. I am once again stuck and looking for your help. I hope some one can guide me.

Me and my family came here in 2005 on HSMP, got ILR in 2010 and we applied for BC this year. Myself and two daughters got BC but they refused my wife's application due to number of absences more than 450 days (she was absent more than me). Now I am British.

Now I am confused whether she should apply on her own or as spouse of british?

If she will apply on her own her total number of absences in last five year are about 415 (with 380 at one go) and in last 12 months only 35. I know she qualifies but just wondering that will 380 in one go effect her appilication?

If she will apply as a spouse of BC the total no of absences in last three year are 35. Can she apply this way?

What is best to do for her?

I hope you will guide me.

regards

She can apply either on her own merit or as a spouse of BC. If she meets the requirements as a spouse, better to apply as such (the HO are more likely to give discretion if one is needed).

If she will apply as a spouse of BC the total no of absences in last three year are 35. Can she apply this way?

Yes, best option.

Hi,
Thanks for reply. Just wondering where on the AN form she has to specify that she wants to apply on her own or as spouse of BC. regards

There is no where on the form that you need to specify it. It is implied from what you write on the form and the evidence you provide. If you state your spouse is British and attach their passport and a marriage certificate, you are applying based on marriage. If you only provide your own documents, you apply on your own merits.

However, if she apply on her own merits - better to put it in writing in the "other information" section as the HO would probably assume that she is applying as a spouse (as she will state your nationality as British in the form). I think it is quite unusual to apply on your own merits if married to a BC so better to make it clear to HO so they don't reject based on missing documentation of the spouse.

Hi Engineer

I am on the same boat. My wife has over 450 absences in last 5 years and less than 90 absences in last one year. We got ILR in June 2009. and I am citizen now.

The requirements for spouse being British Citizenship the total number of absences in last 3 years is 270. That my wife also fails to do.

But my wife has reasons to stay outside UK for that long. First, the birth of my two sons (2007 and 2010) and then hospitalization of my elder son (2009-2010). The question is..Are these reason good enough that they will give my wife a discretion.

I would appreciate replies.

Best regards,

MKI

engineer123, if you wife is going to make a section 6(2) application as the spouse of a British Citizen ... 3-year qualifying period .... do ensure that she passes the "applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application" test. UKBA have no discretion about this particular rule .... it is either passed or failed ... and if failed, the application is bound to fail.

Also, as regards the 3-year qualifying period, how are the 270-day and 90-day tests looking, as regards the last 3 years and 1 year respectively?

khaweriba wrote:Hi Engineer

I am on the same boat. My wife has over 450 absences in last 5 years and less than 90 absences in last one year. We got ILR in June 2009. and I am citizen now.

The requirements for spouse being British Citizenship the total number of absences in last 3 years is 270. That my wife also fails to do.

But my wife has reasons to stay outside UK for that long. First, the birth of my two sons (2007 and 2010) and then hospitalization of my elder son (2009-2010). The question is..Are these reason good enough that they will give my wife a discretion.

I would appreciate replies.

Best regards,

MKI

How many days has she been absent in the last three years? and 1 year?

Have you read Annex B: Residence requirements?