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Posted: **Mon Feb 12, 2024 10:54 am**

Hi,

Thanks for this forum members as I get the most accurate answers.

I need some help and can someone guide me under the below circumstances what best I can do:

I have a British Passport and OCI Card(India).

My wife has got the ILR in September 2021 and ILR-expiring on December 2024 and she was eligible for Citizenship on August 2022 but due to the family emergency she traveled outside UK and stayed back in India for medical reasons for which the below 2 are met from the Citizenship application guidance:

spent more than 450 days outside the UK during the 5 years before your application

spent more than 90 days outside the UK in the last 12 months

Now,we are planning to go back to UK in couple of months.

Based on the above,Can anyone suggest what can we do to apply for Citizenship, given the fact we have spent more than 450 days outside UK in the last 5 years.

We had a strong reason why we stayed back here in India, do you think HO can make any exceptions to our Cirumstance?

What options do we have now?

Your suggestions are indeed appreciated.

Regards,
VKJ.

Posted: **Mon Feb 12, 2024 11:34 am**

First of all, it won't be possible to apply before you come back to the UK< so you will need to finalise the absence count once you are back.

Your spouse can apply on her own merit (showing proof of residence for 5 years, so the 450 days absence limit applies) or as spouse of British citizen (showing proof of residence for 3 years, so the 270 days absence limit would apply). Please note that you need to make sure your spouse was in the UK on the day 5 years (or 3 years) before you apply.

May I ask exactly how many days did your spouse spend outside the UK in the last 12 months, last 3 years, and last 5 years?

This is what the guidance

Absences from the UK during your residential qualifying period will be considered in the following way:

6(1) application

5-year qualifying period 6(2) application

3-year qualifying period (applicants married to, in a civil partnership with, a British citizen)
Normal permitted absences in qualifying period 450 days 270 days
Total number of absences normally disregarded. 480 days 300 days
Absences normally disregarded only if:

you meet all other requirements

and

you have established your home, family and a substantial part of your estate here. 900 days

Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.

For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons given below 540 days

Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.

For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 years unless the absences were the result of one of the reasons given below.
For absences exceeding 730 days (or 450 days for the 3-year route), please explain if your absences were a result of either:

A posting abroad in Crown or designated service (see the section on Crown and designated service). For example, as a member of HM Forces, or as the husband, wife or civil partner of a British citizen serving abroad in Crown or designated service
An unavoidable consequence of the nature of your work. For example, if you are a merchant seaman or someone working for a UK based business which requires frequent travel abroad
Exceptional or compelling reasons of an occupational or compassionate nature such as having a firm job offer for which British citizenship is a genuine requirement
The excess absences were because you were unable to return to the UK because of global pandemic
Only very rarely would we disregard absences in excess of 900 days (540 days for section 6(2) applications). If your absences are more than this limit your application is likely to fail and your fee will not be fully refunded.

Regarding absences in the last 12 months

In addition to the overall number of absences, you should not have been absent for more than 90 days during the final 12 months of the qualifying period. This applies to applications both under the 5- and 3-year routes.

Absences from the UK during the last 12 months of your qualifying period will be considered in the following way:

6(1) and 6(2) applications
Normal permitted absences in final 12 months of your qualifying period 90 days
Total number of absences normally disregarded 100 days
Total number of absences normally disregarded only if all other requirements are met and

you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate. 101 – 179 days
Total number of absences that may be disregarded if you do not meet all the other requirements providing the following criteria are met:

you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate

and

the absence is justified by Crown service or by compelling occupational or compassionate reasons taking account of the criteria listed on page 10

Please note that if your absences are high both overall and in the last 12 months it is probably best to wait until the absences in the last 12 months go below 90 days. If you comment more on your situation it would be easier to advise.

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