Naturalisation - Exceeds days out of the UK

[andyruxpin]

Hi,

My partner has just received ILR and we want to apply for citizenship ASAP. However we exceed the days out of the UK over the last 3 years due to her accompanying me for 11 months overseas when I was on secondment with my job. We are fine for the last 12 months.

We can see that there is discretion when due to unavoidable consequences of your job, however as she accompanied me for my job instead of remaining in the UK, will that be acceptable? The stated clause is below;

'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.'

Any advice would be really appreciated.

Thanks
Andy

[alterhase58]

I think the applicant has to comply with the requirements. If it was you applying then one could argue for discretion.

[secret.simon]

A spouse accompanying her husband may not count as an unavoidable consequence of the nature of her job. She will have to wait until she can meet the requirements.

If she has been away continuously for almost a year, be aware that can impact the physical presence requirement (that she was physically present in the UK at the start of the three year period immediately preceding the application - so, if she were to apply today, she would need to prove that she was physically present in the UK on 30th December 2015).

[andyruxpin]

Thanks for the responses. It's as I feared but as the guidelines are never completely clear it's always best to get other opinions.

We'll just have to wait for the next window to apply.

Andy