Naturalisation Query on the application for 6(2)

Dear Moderators
Good day . My wife has been granted ILR last week, I am British and technically she can apply for Naturalisation. But I have some concerns whether to apply now or wait for a year. Basically my wife when applying for ILR had more than 180 days of absences in the last year of qualifying period, this was because we were stuck in home country in March to Oct(travelled before 16th March 2020) because of lockdown / my health situation. When we applied for ILR we provided detailed cover letter explaining all the exceptional circumstances and provided the evidences for the absences. For the Naturalisation as BC-Spouse route, I can see that there cannot be more than 270 days absences in the last 3 years of the application as requirements, but including the time spent in home country counting on the final year of absences it comes around 287 days. Is there a similar discretion applied for Naturalisation application since the discretion has already been applied for ILR. This way we can plan and take a decision on when to submit a Naturalisation application. Thanks for your help as always. Please find her details, travelled to UK first in June 2015 (PBS dependant) and granted ILR in Feb 2021.

Dear Team
Can you please help me with the above query. Thanks in advance
Many thanks
S

Dear Gurus

Good day . My wife has been granted ILR recently, I am British and technically she can apply for Naturalisation.
I have some queries on the calculation of the UK absences before I can apply.


She has been away from March 2020 until Oct 2020 (travelled before 17th March 2020) and was granted ILR based on the additional details (compelling/pandemic reasons) provided such as travel disruption and health condition.

1. Now if she has to apply for Naturalisation say on 13th Aug 2021 , I have a question around how the 270 days in 3 years is calculated is it backdated from the date of application (13th Aug 2018 - 13th Aug 21) or 3 whole years of the date of application(absences in the whole of 2018 -2021).

This is key for me to calculate the absences as you can see that we are away for 214 days already in the 2020 and when I calculate for the whole 3 year period it exceeds 270 days.

If the 270 days limit calculations are backdated from the date of application then I have another query.


2. Her total absences from 13th Aug 2018 - 13th Aug 2022 - currently is 295 days
In the AN1 Guidance it says that CW will normally exempt absences up to 300 days as discretion, if that is the case then when completing the application do we have to mention that we do not meet the requirements and provide a cover letter to request for discretion to be applied .

3. I am also assuming that the 90 days of 12 month period calculation is from the date of application which means, 13th Aug 2020 - 13th Aug 2021 - so I can only calculate the days from 13th Aug 2020 though she was absent from UK since Mar 2020.

Thanks a lot for your help in advance

Siv

Dear Gurus

Good day . My wife has been granted ILR recently, I am British and technically she can apply for Naturalisation.
I have some queries on the calculation of the UK absences before I can apply.


She has been away from March 2020 until Oct 2020 (travelled before 17th March 2020) and was granted ILR based on the additional details (compelling/pandemic reasons) provided such as travel disruption and health condition.

1. Now if she has to apply for Naturalisation say on 13th Aug 2021 , I have a question around how the 270 days in 3 years is calculated is it backdated from the date of application (13th Aug 2018 - 13th Aug 21) or 3 whole years of the date of application(absences in the whole of 2018 -2021).

This is key for me to calculate the absences as you can see that we are away for 214 days already in the 2020 and when I calculate for the whole 3 year period it exceeds 270 days.

If the 270 days limit calculations are backdated from the date of application then I have another query.


2. Her total absences from 13th Aug 2018 - 13th Aug 2022 - currently is 295 days
In the AN1 Guidance it says that CW will normally exempt absences up to 300 days as discretion, if that is the case then when completing the application do we have to mention that we do not meet the requirements and provide a cover letter to request for discretion to be applied .

3. I am also assuming that the 90 days of 12 month period calculation is from the date of application which means, 13th Aug 2020 - 13th Aug 2021 - so I can only calculate the days from 13th Aug 2020 though she was absent from UK since Mar 2020.

Thanks a lot for your help in advance

Siv

Assuming she applies on 13th Aug 2021:

14th Aug 2018 - 13th Aug 2021 (less than 270 days outside UK)

14th Aug 2020 - 13th Aug 2021 (less than 90 days outside UK)

Must be physically present in UK on 14th Aug 2018.

Exceptions can be found in the guidance including delays caused by pandemic.

However note, this is a Nationality application and not an immigration application. This falls under the Nationality laws. So make an informed decision.

Page 13 onwards:

https://assets.publishing.service.gov.u ... 7.0ext.pdf

Thank you so much Cullinan for your reply. Many thanks for the link.