Immigrationboards.com

Good afternoon,

My wife's citizenship application was refused,

Reason as per home office email "as it exceeded the limit of absent . 687days for 3 year period"

My comment on this, this figure was a result of a typo error I made on her original application
I included a cover letter + another declaration letter to correct this with the original application
Also during the biometric, we declared this and officer made a note on her application to correct this typo

All of the supporting documents were not used when making the decision

Her total absence is well below the threshold - 322 days (we have been living in the UK since Aug 2011)
Also here total absence in the final 12 months was 177 below the limit of 179.

The home office didn't look at all of that and just used figure on the application and refused quickly
P.S. Processing time +4months + 2 weeks

My Question, is the reconsideration/review is my way forward ?
100% she meets all criteria on connection to UK and family .....etc.

its just this type error on original application (which we declared before) caused total days to jump to sky

Best Regards

What exactly were her absences in the 3 year qualifying period?
Did you attach enough evidence to confirm her links to the UK as she has quite a lot of absences in the last year?
Note that UKVCAS staff does't work for UKVI - their comments should have reached the HO but no guarantee. How did you send these corrections after you submitted the application?

her Total absences is 322, again we live in UK since August 2011 (all legally)

We submitted a cover letter + declaration letter with the original application, also during biometric we declared this error and the officer filled in extra piece of paper to confirm typo error and attached
all as supporting documents uploaded back-then to the portal.

Yes - we attached documents and letter to support our application dated back to 2011
All family established here, I'm not concerned from this aspect.

The figure quoted in their response was wrong, basically she had lonG trip away in July 2022, instead, I typed July 2021 - resulting in 365 additional days!

Did she apply under section 6(1) or 6(2)? Those absences are over the 3 year limit, and combined with her absences in the last 12 months they would lead to a refusal.

Under 6(2) , but as per guideline, she has up to 540 in the last 3 years - we only have 322
the requirement to consider this ..must have been a resident in UK last 4 years + established family ....etc.
quoting from guideline ["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"]


I mentioned we have been resident in UK since 2011

Same for last year - she has up to 179 days disregarded is she demonstrated live and connection to UK
again I'm confident from this aspect.

But because of the typo error in original application this figure was high to 687 ...can't be considered at all

You can't ask for discretion on two requirements. One can be disregarded, but two won't. You can try to ask for reconsideration but it is likely to be unsuccessful as you were trying to ask for discretion on both absences requirements. You can reapply once absences in the last 6 months go below 90 days or absences in the last 3 years go below 270 days, whichever happens earlier.

Just to clarify, you mean her absence in last 12 months falls below 90 days or 3 years falls below 270 , is it ?

Yes sorry, I said 6 months but should have said 12. Your wife's absences must be below at least one of these two thresholds.

Thanks , appreciate your help