Absences from the U K due to Medical Reasons - Please help

[Manhal]

My wife is in the process of applying for UK citizenship in the next 2 months, she is progressing through English learning very quickly and is due to take her life in the uk test in early Jan 09, back in 2006 we had to travel due to my wife needing operations which we couldn't wait for on NHS and was very very expensive privately, we decided to go and stayed a total of 366 days (131 days & 235 days) having had 8 operations during that time.

The law says it will disregard up to 300 days which leaves us with 66 days over, I have all the operations on paper and dates showing when exactly we had them.

My question is: do you think we have a good case to apply and hope for the best?

Your responses are greatly appreciated

[Mr Rusty]

I think you probably can. Have a look at Para 4.1.2 of the Nationality Instructions Chap 18 Annex B:-

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

This seems to say that if your last year in the UK has no exceptional absence and the total absence is less than 540 days and the application is otherwise acceptable, then discretion may be used.

[Manhal]

I think you probably can. Have a look at Para 4.1.2 of the Nationality Instructions Chap 18 Annex B:-

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary

This seems to say that if your last year in the UK has no exceptional absence and the total absence is less than 540 days and the application is otherwise acceptable, then discretion may be used.

Thank you very much for replying mate; having read what you attached I was just wondering about this phrase below (from: 4.1.2)

And if applicants have established their home, family and a substantial part of their estate here.

Now; I work and pay tax , I rent , I have been here for 18 years, my wife (the applicant) have been here 7 years.

does the phrase above imply that I have to own something in the UK (ie; a house, shop, business) before being considered for discretion ?

[Mr Rusty]

"does the phrase above imply that I have to own something in the UK (ie; a house, shop, business) before being considered for discretion ?"

I shouldn't think so. Bear in mind your wife is the applicant, not you. If she can show that this country is where she has made her life for the qualifying period, that ought to be enough. There is no mention of a specific property qualification.

A bit off topic, perhaps, but the whole business of residence qualification seems a bit murky. I've just been reading in today's paper about the chap who has unsuccessfully argued in court that he's been "domiciled" in the Seychelles for the last 30 years, so he's facing back taxes of millions.

[Manhal]

Thank you for your input, I shall go ahead an apply and hope that it is accepted.