Exceeding 270 days by 17 days

[rehan883]

Hi

My wife is waiting for her ILR - which should come in August as per the deadline given. Given she is married to a british citizen, she can apply for naturalisation straight after getting the ILR.

She hasnt travelled for almsost a year to see her family. Would it be okay to get the ILR, apply for naturalisation and then she can fly to Pakistan for a couple of weeks to see her family, or will the HO suspect that she does not wish to live in UK permanently?

She has gone over the 270 days absence days limit by 15 days but that is due to COVID-19 and red listing which prevent her from travelling. Any suggestions would be appreciated regarding:

a) what to mention in naturalisation application about going over the 270 days
b) how soon would it be reasonable to fly overseas after applying for naturalisation to avoid HO suspecting she does not wish to live in UK permanently.

[zimba]

She can travel without any issues after applying. Her absences will be calculated up to the date of her application.
The home office exercises discretion for absences above 270 days, as long as they remain below 300 days.

See: https://www.gov.uk/government/publicati ... bookmark11

[Ticktack]

avoid HO suspecting she does not wish to live in UK permanently.

There's no future intention to reside in the UK requirement for spouse of British citizens.

[rehan883]

Hi All

I exceed the 270 days in the 3 year qualifying epriod by 17 days, and this is purely because of my negligence. Hwver clearly i do not want to give this as a reason. What other acceptable reasons can i give and should i request them to exercise their discretion?

[contorted_svy]

You don't need to provide a reason for your absences - up to 300 days for section 6(2) are normally disregarded.

[rehan883]

But one of the questions say 'Please tell us which of the requirements you do not meet and the reason you do not meet them' - what shall i say here?

[contorted_svy]

But one of the questions say 'Please tell us which of the requirements you do not meet and the reason you do not meet them' - what shall i say here?

Simply say that the requirement is the 270 days and you had 287 days of absence, which are under the limit that is normally disregarded.

[rehan883]

Thanks alot

On the next page it asks
Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? Would that be a YES or NO?

If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? - IS THIS WHERE I REQUEST DISCRETION?

[contorted_svy]

Thanks alot

On the next page it asks
Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)? Would that be a YES or NO? Answer YES

If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application? - IS THIS WHERE I REQUEST DISCRETION? Yes.