Residency Requirement Question (90-day limit)

[jallen300]

Hello,

My partner and I have been living in the UK since 2010, and we were both granted ILR in April 2015. We're planning to apply for citizenship as soon as possible in 2016, after we have completed the requirement of living in the UK with ILR for at least one year.

But my partner has been out of the country for 75 days already since April because she spent 60 days in the United States caring for her ill mother (cancer), and then 15 days after the death of her step-father. We were hoping to spend another 30-45 days out of the country for holiday in December/January.

I understand there's a requirement that the applicant can't have been outside of the UK for more than 90 days in the year before applying, but I also understand there are some exceptions allowed. So I have 3 questions...

1) We were wondering if the 90-day requirement would be waived since she was out of the country for compassionate reasons?

2) We were wondering how the following clause (related to the 90-day requirement) is usually interpreted:

Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.

In our case, we don't own a home but we've been renting the same flat for about three years, and my partner has bee renting an art studio in the same neighbourhood for over 4 years. We don't have any significant savings, so there's not really any "estate" to establish, here or anywhere else. And our other family members are in the United States, but we have each other here (we're unmarried partners who have been together in a committed relationship for 12+ years, and we may get legally married in the next couple months).

3) If none of the first two arguments will work to waive the 90-day requirement, is there a provision for the Home Office to extend the 90 day limit to 100 days automatically if everything else in the application is in order? (I'm trying to decide how much we need to cut down our holiday plans. For example, do we need to make sure she's not out of the country for more than 90 days, or can we push it up close to 100?)

Thanks for any guidance you can provide!

Jeff

[CR001]

You might get away with 100 days, but why take the risk for an extended holiday when you are so close to the citizenship application finish line.

HO don't generally waive the rules, they stick to them.

[fielddrive]

HO will automatically disregard leaves of upto 100 days (read anything up to 99 days) but anything more should have some really good compassionate reasons to allow a HO officer to exercise discretion.

HO officers don't generally exercise discretion.

[jallen300]

Thanks for the replies! Would either of these qualify as compassionate reasons for the HO to waive the 90/100 day limit:

• - caring for your mother shile she undergoes chemotherapy for advanced ovarian cancer (2 months in the United States)
  
  - supporting your cancer-ridden mother to organise her affairs immediately after the death of her husband/your step-father (2 weeks in the United States)

Thanks in advance for any thoughts!

[TheMouseReturns]

Thanks for the replies! Would either of these qualify as compassionate reasons for the HO to waive the 90/100 day limit:

• - caring for your mother shile she undergoes chemotherapy for advanced ovarian cancer (2 months in the United States)
  
  - supporting your cancer-ridden mother to organise her affairs immediately after the death of her husband/your step-father (2 weeks in the United States)

Thanks in advance for any thoughts!

I doubt anyone could answer this question. Any absence allowed over the normal limits is discretionary, which means it's a case by case basis.

[sabakhan]

Hi,

I wanted to ask you if you did apply in October and what is the status of the application?

I am in a very similar situation and would be extremely grateful for your answer.


Thanks!