Absent on day 1 of qualifying period - caseworker discretion?

[Lawgic]

Hi all

My wife plans to apply for naturalisation, say, 1 Jan 2026. But on between Nov 2022 and June 2023 we were abroad. We visited family in Nov 2022 while wife was pregnant. Planned to go back and give birth in the UK but due to complications with the pregnancy, we could not travel back and so she gave birth abroad.

I am a British citizen, so we applied for a passport for our child and only got it in mid Feb 2023. Travelled back in June 2023 (when it was safe to travel).

Wife should be eligible to apply (god willing, if we get ILR in December 2025) for citizenship but she would have been away on 1st day of qualifying period of 3 years (01.01.2023-01.01.2026). Options are

1) wait for June 2026 and apply then
2) tick a box and ask caseworker for discretion, explain the reason and provide medical evidence (translated into English) showing that she couldn't travel and spent several days in a pathology department of a hospital, risking losing the baby.

Anyone had experience with discretion being used here or would it be waste of money to apply now? Thank you

[contorted_svy]

Just wait until June next year. There is discretion for this requirement but not for applying too far in advance. Even with the medical evidence, she could have travelled back after her hospital discharge/when the doctors said it was safe for her to travel.

[Lawgic]

Thank you for the opinion. The point here is that if not for the absence on 1 January, she otherwise meets the requirement for absences. Therefore, even if she had returned in February, she would still not qualify as she was absent on 1 Jan 2023.

I understand that had it been February, she could just wait another month but still, returning to the UK in February wouldn’t solve the medically forced absence on 1-10 Jan 2023 (we want to apply between 1-10 Jan 2026).

I hope the above isn’t confusing))) thank you

Just wait until June next year. There is discretion for this requirement but not for applying too far in advance. Even with the medical evidence, she could have travelled back after her hospital discharge/when the doctors said it was safe for her to travel.

[Lawgic]

i.e. on 1 Jan 2026 she would have been absent for 210 days on the preceding 3 years

[contorted_svy]

What difference does it make for her to apply only 1 month later, and be entirely sure to meet all requirements?

[Lawgic]

It would have to be 6 months later in June 2026. But we are talking about the discretion related specifically to 1 Jan 2026 and the reason why on that particular day applicant wasn’t on the country (which is a valid medical reason). While it may well be debatable why she didn’t come back earlier than June 2023, that is not the point. Discretion is being asked for in relation to Jan 2023, which had medical grounds for absence. Thank you.

What difference does it make for her to apply only 1 month later, and be entirely sure to meet all requirements?