Absence from UK - confused

Hi All,

I'll try to keep this neat and short.

My wife recently obtained her ILR so she is allowed to aplly for citizenship immediately (as a spouse). However the residency requirements are a little unclear to us.

She will apply under the 5 year route so:

• Shes allowed 480 days absence in the 5 year period.

• She actually has 624 days absence as she traveled with me when I work abroad

• The guidance says they will disregard up to 900 days if all other requirements are met (which she has met)

• It then says absence up to 730 days requires her to have been in the country for 7 years. Shes been in the UK for 6 years.

It seems a little vague. Given that her absence was a direct result of her travelling with me for my work, I believe she may be okay.

Has anyone got any similar experience? I'm tempted to go for it but don't want to risk losing all that cash for a rejected application based on her having too many absent days.

There is a misunderstanding. It is not clear from your post but I do not see your spouse meeting the requirement. You mention that she meets the requirements but dont explain how. But your statement says she accompanies you on your job related travels. The exemptions are for the applicant. Joining spouse does not qualify the applicant for these exemptions. Of course please ask a solicitor. Its better to pay a solicitor a small sum rather than lose the 1330.

joeano353 wrote: ↑

Mon Jun 10, 2019 9:17 am

There is a misunderstanding. It is not clear from your post but I do not see your spouse meeting the requirement. You mention that she meets the requirements but dont explain how. But your statement says she accompanies you on your job related travels. The exemptions are for the applicant. Joining spouse does not qualify the applicant for these exemptions. Of course please ask a solicitor. Its better to pay a solicitor a small sum rather than lose the 1330.

Hi, thank you for your reply.

I meant she meets 'all other' requirements such as, no criminal record, we're still married etc etc.

The legislation states the home office can disregard up to 900 days absence (for any reason) as long as the applicant has been UK resident for 8 years. Or disregard up to 730 days if the applicant has been resident for 7 years. My wife has been resident for 5.5 years but has absences totaling 630 (ish).

My question was aimed at someone who has experience of this specific rule.

My apologies for trying to help. You should mention that you would prefer only experienced and knowledgable people should respond.

As the spouse of a British citizen, she qualifies to apply based on 3 years residence and this is usually the route HO considers such applications.

What are her absences for the last 3 years?

Even if based on 5 years, she is way over the limit with only 5.5 years residence and will possibly face a refusal and loss of the fee.

On either 3 or 5 year route, does she meet the physically present in the UK at the start of the 3 or 5 year qualifying residence??

A very small percentage of applicants who have posted on the forum have had success with the absence rule you have stated, but very few and those who have been resident for the required period stated or longer.

CR001 wrote: ↑

Mon Jun 10, 2019 9:55 am

As the spouse of a British citizen, she qualifies to apply based on 3 years residence and this is usually the route HO considers such applications.

What are her absences for the last 3 years?

Even if based on 5 years, she is way over the limit with only 5.5 years residence and will possibly face a refusal and loss of the fee.

On either 3 or 5 year route, does she meet the physically present in the UK at the start of the 3 or 5 year qualifying residence??

A very small percentage of applicants who have posted on the forum have had success with the absence rule you have stated, but very few and those who have been resident for the required period stated or longer.

Hello,

As she accompanied me on an overseas posting with out kids, she has a total of 659 days out of the UK in the last 5 years. In the last 3 years the number is still 659 so the 5 year route offers a better option.

Yes, she meets the criteria of physically being in the UK on the day exactly 3 and 5 years prior to application.

It may be best for her to wait until she has a clear 7 years of residency. Seems this is the safest option from a financial perspective.

The thing is our overseas posting was temporary. We still had our house in the UK and we still came back frequently. The posting was to avoid redundancy so it seems unfair to penalise my wife for that. The alternatives were.. she stayed alone in the UK, or I stay in UK and risk redundancy.

Rules are rules though i guess.

joeano353 wrote: ↑

Mon Jun 10, 2019 9:45 am

My apologies for trying to help. You should mention that you would prefer only experienced and knowledgable people should respond.

Hi,

You seem a little unhappy about my response. Apologies if you were offended.

You gave quite generic information in your post and I was looking to hear from someone who had actually tested the policy of disregarding absences.

Nonetheless, i appreciate you taking the time to help. Good work and thanks for the contribution.

Unfortunately many people do not like comments that do not suit them.
They keep on asking until they get someone agreeing with their opinion.
U say that she meets other requirements. Unfortunately she does not. 450 days or 270 days is the norm with discretion. However it should also not exceed 90 days in the last year. If 659 in the last 3 years, most likely she will exceed 90 days in the last year. Also no rules allow one to choose which years are to be considered. Its the years from eligibility not from a long time back. Exemption is applicable only for those in Crown Service, military pregnancy. So chances of rejection are more than approval. Yes the rules seem unfair to many people. There is discretion applicable but the law is blind. Like 90 days is actually upto 110 days then its dicey. Depending on decisions that have to be justified.