Absense from UK in the last 3yrs???

[Jai ho]

Hi,

Iam new to this site. I have a doubt regarding my application for British Citizenship as a spouse of a British citizen. My husband and kid obtained British Citizenship last year and as i just completed my stay of 3 years in UK iam about to apply now. The rule says that i should not have stayed outside UK for more than 270 days in the last 3 years but i have stayed Outside UK for close to 330 days in the last 3 years. Do i still qualify for the citizenship and how are the chances for me to get it???? Let me also inform that my stay outside was purely personal... Can anyone help me and explain my chances???? Thanks in advance.

[John]

It might be best if you wait before applying. But would you like to give your exact dates, in and out of the UK, in order to get advice about when you might apply?

[Jai ho]

HI John,

Thanks for the prompt reply. For your information
entered UK on the 9th of March 2007
1st absence from 10th Oct'07 to 16th Oct '07
2nd absence for delivery from 8th Mar'08 to 24th Nov'08
3rd absence from 11th Nov'09 to 22nd Jan'2010

Hope this helps... Dates include the days of travel too

Cheers,
Jai

[John]

Such a shame the length of that 3rd absence. If that had been much shorter then you would not now have a problem!

You only count the number of days wholly outside the UK. So the 1st absence is only 5 days, the 2nd is 260 days, and the 3rd is 71 days .... total = 336 days. Had your day count been 300 or less then there would not be a problem, but if you look at this UKBA document, and 4.1.2 in particular, you will see what you are up against.

As you are applying under section 6(2), as the spouse of a British Citizen, it is the numbers in brackets that you need to read, such as 300 and 480.

My conclusion? Unless there was a very good reason for the absences, see 4.1.2.c or 4.1.2.d, consider waiting until the 1st week of March 2011 before applying. But do ensure that the application is with UKBA before 08.03.2011, otherwise you will not have been in the UK exactly 3 years before the application date.

But that is only my view ..... other opinions very welcome.

[mcu]

Hi ,
I got a similar question, my spouse has to travel back to home country just one month after getting indefinite stay on 5 year hsmp dependent visa due to some sad family event. Now its around 160 days that he is outside the UK. During 5 years time, he also has spent 100 days outside uk.

Can some one please advise what if he stays two months more as it is planned due to some family commitments?

Can he apply separately when he comes back and he completes a year here ?

Will be very greatful for your thoughts

Cheers,
M

[John]

mcu, the main problem is the need to have spent no more than 90 days outside the UK in the last year up to date of application. So subject to a more detailed look at the dates, he probably will need to spend at least 9 months back in the UK before applying.

[mcu]

Hi John,
Thanks a lot for quick response.


Regards,
M

[Jai ho]

Hi John,

I did apply for my British citizenship and my application was considered. My husband had a strong belief that i would get it. We took chance and applied stating my reason properly for each and every stay outside UK.

Hi mcu,
I don't know if its a case to case basis but i suggest you input the practical and genuine reason and if its true to your heart you will get it.

All the best.

[John]

I did apply for my British citizenship and my application was considered. My husband had a strong belief that i would get it. We took chance and applied stating my reason properly for each and every stay outside UK.

And the result was? Or are you still waiting to hear?

[Jai ho]

Yes i got my citizenship..........