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BC - Absence more than 180 days in last 12 months

Posted: Mon Jun 04, 2012 10:34 am
by speterrajan
Hi,

I am an Indian citizen living in the UK with my wife and 2 children for 5+ years now. We obtained ILR visa for all of us in Feb-2012 and planning to apply for naturalization during the month of Feb-2013. In this situation I have got a call from my mother in India requesting me to be there with her for some time as she is suffering from cancer. Actually my sick mother and aged father are being cared by my brother. Unfortunately he had a massive heart attack last week and undergoes medical treatment at the moment. Hence the need for my presence and support to my parents and brother is unavoidable now in this critical situation. So I have decided to be there with them until their situation is improved while my wife and children continue their living in the UK as we intent to live in the UK. Meanwhile we don’t want to lose the opportunity for becoming British Citizen as well.

Please let me know whether my absence for more than 180 days in last 12 months due to above said situation would impact my eligibility for naturalization when I apply in Feb-2013.

Do I need to attach any supporting evidences along with my application for this case? If so, what could be?

Thanks
Peter

Posted: Mon Jun 04, 2012 12:17 pm
by Jambo
I believe that it is very likely that your application would get refused (although this depends on the CW discretion). Better to apply 9 months after you return assuming you would still meet the requirements.

Posted: Mon Jun 04, 2012 2:16 pm
by speterrajan
Thanks for your reply. I am planning to leave by the end of this month and return back to UK during Feb-2013 and apply for Naturalization. I am sure still I could meet the criteria of 450 days absence outside the UK in last 5 years time.
Kindly let me know whether still they could consider my application even my absence is more than 180 days in last 12 months under Compassionate reasons?

Posted: Mon Jun 04, 2012 10:49 pm
by Jambo
They would consider the application. The question is whether they will approve it or not...

See 5.1.4

I think it is better to wait 9 months until November 2013 when you meet the requirements although the only thing you are risking when applying in February is £400 of the application fee so maybe worth trying.

Posted: Tue Jun 05, 2012 4:21 pm
by speterrajan
Thank you very much. Let me try both!