Statutory Requirements Applying under Section 6(1)

[samrat_g]

Hi All,

My wife's NCS appointment for naturalisation application is on Tuesday and I have a last minute question-

A question regarding special circumstances asked in Section-6 of AN form. It says the following:

"I declare that, although I do not meet all of the statutory requirements for naturalisation, I believe that, in view of the following special circumstances, the Home Secretary should treat me as fulfilling those requirements or waive the need in my case to fulfil them."

The form also requires explanation of special circumstances.

My wife's absences from the UK are 469 days above the threshold for Section 6(1) application.

Please could anyone suggest should we tick the box and explain that her absences were attibuted to pregnancy. To me sounds a bit complicated and feel like leave it blank. Your comments will really help me.

Please note that she has fulfilled all other standard requirement except 450 days absences.

A quick confirmation will be much appreciated.

Regards

N.B. My wife, although spouse of a British National, applying under Section 6(1) due to her absences.

[Amber]

See page 12 of the guide (click)

[samrat_g]

Thanks you all for the reply.

Regarding 'Why discretion should be exercised', please can you suggest if the below statement would be sufficient:

"I have established my home and family in the UK. My husband and son have been grated British citizenship on xxx. I'm applying based on section 6(1) although married to a British citizen".

I am not sending any documents confirming that she has established home in the UK. I am relying on the fact that her husband and son have been granted naturalisation. The details of naturalisation will be provided in page 13.

The caseworker guidance note says that absences up to 480 days are normally disregarded.

Experts comments will be much appreciated.

Regards