special circumstances

[botech12]

Hi

My wife has been outside the UK for 120 days in the last 12 months.
She had gone to visit relatives as there has been few functions to attend.

I was wondering if I can put visiting relatives as special circumstances and mention the details.

We have our home in the UK and she has met residential requirements over the qualifying period. (5 years)

[vinny]

Probably no.

[Jambo]

Although not considered special circumstances, if she meets all the other requirements, discretion is likely to be applied to approve the application.

[botech12]

Thanks for your comments.

Has there been any cases where the application is rejected?

[Jambo]

Of course. Nothing is guaranteed but as I said if she meets the other requirements, she is likely to be approved.

[wpilr_nov12]

also depends on whether the absence was towards the early part of the 12 month period

[vinny]

Hi

On the residential requirement for my wife, she has been in the UK since May 2008.

We had ILR granted in Nov 2011 and she was a dependent till then.

Since she has been in the UK for more than 5 years, she would qualify wouldnt she?

Or is it mandatory to be present for 5 years in UK and then 1 year on ILR>

To in total minimum 6 years she should be in UK ?


This is what is mentioned in the UKBA website:

Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:

-been resident in the UK for at least five years (this is known as the residential qualifying period); and
-been present in the UK five years before the date of your application; and
-not spent more than 450 days outside the UK during the five-year period; and
-not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
-not been in breach of the Immigration Rules at any stage during the five-year period.

[vinny]

Part of the standard requirements are 5 years, with the final year being free of Immigration time restrictions (e.g. ILR for at least one year), etc.

[botech12]

thanks for your reply Vinny.

So this means its alright to have 1 year ILR within the 5 year period, isnt it?

[vinny]

Yes.

[botech12]

Thanks VInny.

I had applied under this thought...but I read in a post regarding the 5+1 years requirements which gave me a fright as I had applied already....
FIngers crossed, hope everytyhing goes well..

[LIANA]

Although not considered special circumstances, if she meets all the other requirements, discretion is likely to be applied to approve the application.

Dear Guru I am applying under chapter 18 7.5G discretion so do i need to tick 6.6 of application form ? is it comes under special circumstances ?

is it compulsory to send driving license as identity previously used for LIUK test OR current foreign Passport & ILR BRP card will be enough this time . plz explain

[srreddy]

Thanks VInny.

I had applied under this thought...but I read in a post regarding the 5+1 years requirements which gave me a fright as I had applied already....
FIngers crossed, hope everytyhing goes well..

Hi
I am also under the same situation. Could you share your result please ?

My wife has completed 5 years (including the PR) by 25 JAN 2014.
Myself is 5 + 1 ( including PR) In this case can we both do joint application for Citizenship ?

Thanks in advance.

[botech12]

Yes you can. All the very best.