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Not being Physically present in UK 5 year before Apply Date

Posted: Mon Mar 03, 2014 6:08 pm
by desired.value
I am looking if there is any relaxation to the residency requirements for not being Physically present exactly 5 years before the citizenship application date due to Child Birth outside the UK for Non-EEA applicant.

My wife had been away during this time for giving birth in India, so I am looking if I could still apply for citizenship for her or wait until the day she was physically present in UK 5 years ago.

I know there is some relaxation for absences from UK for EEA applicants.

Any help on this is much appreciated.

Re: Not being Physically present in UK 5 year before Apply D

Posted: Mon Mar 03, 2014 6:33 pm
by milan69
Hopefully senior members will confirm this but as far as I know if your wife was not present in the UK 5 years before to the day that UKBA receives her application, the application will be refused.

Re: Not being Physically present in UK 5 year before Apply D

Posted: Mon Mar 03, 2014 7:55 pm
by CR001
She will need to wait till she meets the requirement of physically present otherwise her application will be refused.

It might be worthwhile to wait until she meets this requirement if you don't want to lose the application fee as the fee is not refundable and you cannot appeal refused naturalisation applications.

Child birth outside the UK is not 'exceptional circumstances'.

Re: Not being Physically present in UK 5 year before Apply D

Posted: Tue Mar 04, 2014 7:42 am
by desired.value
Thanks for the replies... will wait till she satisfies the requirement.

Regards