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Absence over 270 days - 3 year - spouse visa

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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erjeque
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Spouse visa - is marriage certificate needed for application

Post by erjeque » Mon Oct 17, 2022 12:37 pm

Hello, we just got married this weekend and I'm planning to apply to citizenship since I already have ILR.

Do I need marriage certificate in order to apply or do they check from their own records?

erjeque
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Re: Spouse visa - is marriage certificate needed for application

Post by erjeque » Mon Oct 17, 2022 12:59 pm

I just checked the official document and on page 7 it states that marriage certificate is needed.
https://assets.publishing.service.gov.u ... d_0709.pdf

erjeque
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Absence over 270 days - 3 year - spouse visa

Post by erjeque » Wed Oct 19, 2022 1:52 pm

Hi all,

I am applying to citizenship after getting married (I have ILR) and I have a total of 287 days of absence in the last 3 years.

Most of it happened when I was stuck in Turkey during covid (borders were closed) and I even managed to get ILR whilst my absence in the last 12 months was over 180 days (a total of 220 days).

I check the guide line and they mention the absences like this:
Total number of absences normally disregarded. ==>> 300

If I am below this threshold, do you think it would still be necessary to include any explanation for my ebsences?

Thanks a lot for your help!

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Ticktack
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Re: Absence over 270 days - 3 year - spouse visa

Post by Ticktack » Wed Oct 19, 2022 2:25 pm

erjeque wrote:
Wed Oct 19, 2022 1:52 pm
Hi all,

I am applying to citizenship after getting married (I have ILR) and I have a total of 287 days of absence in the last 3 years.

Most of it happened when I was stuck in Turkey during covid (borders were closed) and I even managed to get ILR whilst my absence in the last 12 months was over 180 days (a total of 220 days).

I check the guide line and they mention the absences like this:
Total number of absences normally disregarded. ==>> 300

If I am below this threshold, do you think it would still be necessary to include any explanation for my ebsences?

Thanks a lot for your help!
Why not wait to knock off the extra 17 days off, so that you can sleep easy? "May be disregarded" doesn't mean it will be disregarded. It just feels like a gamble to me.
Not sure why people do it!
No sin in failing, you just have to try and try again!

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contorted_svy
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Re: Absence over 270 days - 3 year - spouse visa

Post by contorted_svy » Wed Oct 19, 2022 3:48 pm

erjeque wrote:
Wed Oct 19, 2022 1:52 pm
Hi all,

I am applying to citizenship after getting married (I have ILR) and I have a total of 287 days of absence in the last 3 years.

Most of it happened when I was stuck in Turkey during covid (borders were closed) and I even managed to get ILR whilst my absence in the last 12 months was over 180 days (a total of 220 days).

I check the guide line and they mention the absences like this:
Total number of absences normally disregarded. ==>> 300

If I am below this threshold, do you think it would still be necessary to include any explanation for my ebsences?

Thanks a lot for your help!
How many absences do you have in the last 12 months? if you have way more than 90, you will have to wait to apply until they are below threshold. They are unlikely to disregard both absences if they are higher than 270 days and 90 days.
All advice comes from personal research and experience and should not be regarded as professional opinion.

erjeque
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Re: Absence over 270 days - 3 year - spouse visa

Post by erjeque » Wed Oct 19, 2022 4:22 pm

I have exactly 90 days of absence in the last 12 months. I'll write a cover letter to clarify the total absences in the last 3 years just to be safe. Since they were due to travel distruption caused by covid, they should not be added to the total absence count.

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contorted_svy
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Re: Absence over 270 days - 3 year - spouse visa

Post by contorted_svy » Wed Oct 19, 2022 5:27 pm

I would advise to wait for a few weeks as Ticktack also advised, until your absences drop under both limits. No reason to lose sleep at night if it's resolved by waiting a little while more.
All advice comes from personal research and experience and should not be regarded as professional opinion.

erjeque
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Posts: 20
Joined: Mon Jun 21, 2021 12:46 pm
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Re: Absence over 270 days - 3 year - spouse visa

Post by erjeque » Wed Oct 19, 2022 5:49 pm

Thanks a lot for your comments. I want to share this guidance
https://assets.publishing.service.gov.u ... retion.pdf

on page 17, it states that:

Absences during the qualifying period
Where an applicant has spent more than the 450 days for section 6(1) applications,
or 270 days for section 6(2) applications, outside of the UK during the qualifying
period you must consider exercising discretion if they meet the other requirements.
Where the applicant exceeds the permitted absence by 30 days or less you must
exercise discretion unless there are other grounds on which the application falls to
be refused.


My absence is 17 days more than the required time which mostly caused by COVID related border closures. Hence, this does not seem like a may be disregarded situation.

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contorted_svy
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Re: Absence over 270 days - 3 year - spouse visa

Post by contorted_svy » Wed Oct 19, 2022 5:59 pm

Yes, but you stated you have EXACTLY 90 days of absence in your last year. That makes it less likely to be disregarded as you have to be under that limit. It may well be, but there is a less risky option, and tehre is nothing to lose in waiting 3 weeks to apply.
All advice comes from personal research and experience and should not be regarded as professional opinion.

erjeque
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Posts: 20
Joined: Mon Jun 21, 2021 12:46 pm
United Kingdom

Re: Absence over 270 days - 3 year - spouse visa

Post by erjeque » Mon Dec 19, 2022 10:28 am

Just an update about the application. It has been approved as of today. thanks for all the support!

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