Immigrationboards.com

Hello all,

I obtained my British citizenship last year (2023) and I hold British Passport. My wife obtained her ILR in November 2019 and my daughter obtained her ILR in February 2021. Due to family emergency they had to travel to India in March 2021 and India entered UK red-list soon after their travel (thus making hotel quarantine mandatory for Indians arriving in UK). since my daughter was 3 years old in 2021, my wife waited until India moved to amber list in August and returned after an absence of 4 months in August 2021. Also, We had travelled to India since 2021 during school vacations in 2022 and 2023 to catch up with relatives. Last night when I calculated all the absences from UK I see that my wife and daughter have been absent from UK for 272 days (which is just over the 270 days limit !) for the past three years.

My questions:
1) For my wife's naturalization application - Is it too risky to apply for naturalization for my wife now since she has obviously crossed the 270 day absence limit from UK? Or is there any leniency for COVID related absences from UK?

2) For my daughter's naturalization application - When I was reading the MN1 guidance, I saw that it is possible to apply for 'Registration at the Home Secretary’s discretion – Section 3(1) application'. Is it possible to apply in category of children applying in line with parents (page 16)? because this route seems to tick all the points:
a) I (father) am a British citizen since 2023.
b) Her mother has ILR since 2021.
c) My daughter has been resident in UK for last 2 years.
d) My daughter has settled status (ILR) since February 2021.
e) She has good character and both parents consent to the application.
Or does the 270 days absence limit also apply for this route?

For children registration (MN1) there are no specific absence limits so daughter could actually register now.
Your wife should be ok also as absences up to 300 days are normally disregarded (might be useful to attach a note with the application giving an explanation). Refer to the guidance: https://www.gov.uk/government/publicati ... bookmark11

AGLakshmanan wrote: ↑

Wed Jan 03, 2024 10:04 am

Hello all,

I obtained my British citizenship last year (2023) and I hold British Passport. My wife obtained her ILR in November 2019 and my daughter obtained her ILR in February 2021. Due to family emergency they had to travel to India in March 2021 and India entered UK red-list soon after their travel (thus making hotel quarantine mandatory for Indians arriving in UK). since my daughter was 3 years old in 2021, my wife waited until India moved to amber list in August and returned after an absence of 4 months in August 2021. Also, We had travelled to India since 2021 during school vacations in 2022 and 2023 to catch up with relatives. Last night when I calculated all the absences from UK I see that my wife and daughter have been absent from UK for 272 days (which is just over the 270 days limit !) for the past three years.

My questions:
1) For my wife's naturalization application - Is it too risky to apply for naturalization for my wife now since she has obviously crossed the 270 day absence limit from UK? Or is there any leniency for COVID related absences from UK?

Remember that day of departure and day of return don't count towards overall absences (that might take your total below 270 days). As your wife exceeds the total by only 2 days, if your wife respects all other requirements, it will be disregarded.

Do make sure though that your wife was physically in the UK the day 3 years prior to when you apply (eg if you apply on the 20 Feb 2024, your wife had to be in the UK and preferably not travelling on the 21 Feb 2021)

Dear Contorted_Svy,
Thank you very much for your response. I will double check the absence days today with your tips .

alterhase58 wrote: ↑

Wed Jan 03, 2024 10:15 am

For children registration (MN1) there are no specific absence limits so daughter could actually register now.
Your wife should be ok also as absences up to 300 days are normally disregarded (might be useful to attach a note with the application giving an explanation). Refer to the guidance: https://www.gov.uk/government/publicati ... bookmark11

Dear Alterhase58,
Thank you very much for your prompt response ! Much appreciate your timely help !

Hello alterhase58,

Since you mentioned that for child registrations (MN1) time limit does not apply, should I still choose the option to apply at the discretion of Home secretary or One or both of your parents is applying for British citizenship ?

[ ] Your parent is British by descent and lived in the UK or a British Overseas territory for at least 3 years before you were born
[ ] Your parent is British by descent and you and your parents (unless they are legally separated) are now living in the UK or a British Overseas territory
[ ] You were born on or after 13 January 2010 and your parent was serving in the UK armed forces
[ ] You were adopted abroad by British citizen parents
[ ] One or both of your parents is applying for British citizenship
[*]Other - apply at the discretion of the Home Secretary

Please advise, thanks in advance.

"Other ... under discretion" should be the option to select.