When should I apply?

[tesia85]

Hello,

I posted on this forum a few weeks ago and I got some really good advice. Thank you again.

Both I and my husband want to naturalize. I am an A8 citizen and have had a permanent job in the UK since 17th September 2007. However, my WRS registration is dated 29th November 2007. I confirmed here that my 6 years started counting from 29/11/07. Therefore, my husband who has exercised treaty rights a few months longer than me sent his application on 17th July and to be honest we were hoping that he would hear back by now and I could apply as a spouse. It does not look like this is going to happen and even if he gets his letter from UKBA this week he won’t manage to have his ceremony before 20/09. The reason he would need it before 20/09 is that in order for me to avoid exceeding 100 days away in the last year I have to post my application before 20th September (I am then travelling abroad for a few months to have a baby:-). I have a few options:

1. If my husband miraculously gets his letter this week then apply as a spouse but only provide them with the letter and forward them his naturalisation certificate later on. Would they ask for it or would they just decline my application?

2. Apply sometime later when my husband actually gets his naturalisation certificate and ask for discretion on absences in the last year. It’s a gamble as I don’t know when he will get it and I may end up with something like 150 absences (although I think they look at pregnancy related absences a bit differently).

3. Apply on my own after 17th September as I would have worked here for 6 years and hope they ignore the fact my WRS was a couple of weeks late.

4. Lastly, I could wait till end of 2014 as I am planning to come back to the UK with the baby in February 2014 (but that’s not set in stone) so my absences would have cleared and my husband should be naturalized by then. Disadvantages are the new language requirements and possible fee increase by then.

What would you guys do if you were me?

Thanks!

[Jambo]

I would go for (2). I suspect your husband approval is not far and in my view the absences in the last year discretion is the easiest to get between the ones you listed.

Are you aware that there is a requirements of English level you need to meet if applying after 28th October? Have you passed an approved English test or studied a degree in English?

[tesia85]

Hello Jambo. Thanks for your advise!

I would go for (2). I suspect your husband approval is not far

I really hope so. A lot of people who applied after him got their approvals. We were unlucky with this whole IT problem. Perhaps the fact that he didn't have PR/ILR confirmation makes the process more time consuming as they have to scrutinize 6 years rather than just 1 after ILR.

Are you aware that there is a requirements of English level you need to meet if applying after 28th October?

Yes, I am aware. That's why option 4 is my last resort.

Thanks!

[tesia85]

I would go for (2). I suspect your husband approval is not far and in my view the absences in the last year discretion is the easiest to get between the ones you listed.

Hi Jambo. You were right! My husband got his approval and now has to wait for the invitation letter. If they send it within 2 weeks as they claim and he has a private ceremony then i will be applying with around 120 absences in the last 12 months and i will be abroad at the time. I will attach my maternity forms to proove that the excess 30 absences were due to pregnancy. I hope they use their discretion. I think i meet the other requirements.

[Jambo]

Congratulations.

You may want to ask for extension time for the ceremony if you prefer not too travel so soon after the delivery.

[tesia85]

Congratulations.

You may want to ask for extension time for the ceremony if you prefer not too travel so soon after the delivery.

Thanks Jambo!
You have answered so many of mine and my husband's questions. Thank you very much for your help.
Indeed, I am going to write to UKBA and ask for an extension. BTW when does the 3 month period begin? Is it the date on the approval letter or the invitation letter?
I am planning to be in the UK by March so I might make it within 3 months but then with a little baby things can change very quickly. I would rather apply for an extension and not use it.