BC : Absence more than 450 days

[ilruk2016]

Hello All,

Myself and my wife received ILR in April 2016 and we are looking to get our passport done in the next 12 months. But there is a worry for my wife’s application as her absence is almost near to 439 days in the last 5 years (counting from April 2017) and this is purely because of health reasons for which she has submitted health documents whilst applying for her settlement, case worker has considered her condition and approved her ILR. But I think for BC I got to know that Home office is lot stricter when compared with settlement applications. So in this scenario is that wise to plan a 3 week holiday which is shooting up her absence to more than 450 days ? Need some suggestions if any one has succeeded with this kind of scenario and also worried as she cannot apply for further 10 years if her application gets rejected.

Thanks, AK

[CR001]

worried as she cannot apply for further 10 years if her application gets rejected.

Really? Where did you hear this?

I suppose the choice is your wife's and depends on how risk averse you are on losing the fee (which will go up before you apply).

[noajthan]

If hubby naturalises first then wife can apply as spouse of BC under section 6(2) of BNA - for which residency is assessed over 3 years; absence limit is 270 days over 3 years.
May be worth digging into.

Otherwise caseworker has a degree of discretion in this area (whether over 3 or 5 or more years) - suggest crosscheck again with the AN guidance notes.

[geriatrix]

See also Annex B: residence requirements -> 4. Excess absences in the 5(3) year qualifying period

[ilruk2016]

worried as she cannot apply for further 10 years if her application gets rejected.

Really? Where did you hear this?

I suppose the choice is your wife's and depends on how risk averse you are on losing the fee (which will go up before you apply).

thanks CR001, I was in impression once BC application rejected applicant cant re-apply for the next 10 years. I understand am wrong in that conclusion and needs to be prepared to loose the application fee.

If hubby naturalises first then wife can apply as spouse of BC under section 6(2) of BNA - for which residency is assessed over 3 years; absence limit is 270 days over 3 years.
May be worth digging into.

Otherwise caseworker has a degree of discretion in this area (whether over 3 or 5 or more years) - suggest crosscheck again with the AN guidance notes.

This something we are looking in to Noajthan, I will look in to AN guidance in more detail.

See also Annex B: residence requirements -> 4. Excess absences in the 5(3) year qualifying period

Thanks Geriatrix for directing me towards this guidance. It is now clear for us to some extent and my wife has decided not to travel as she don't want to take any chances with her BC application.

Cheers,
AK

[ilruk2016]

Hi,

Its just a continuation of my previous question about absence more than 450 days. My wife have not travelled as we don't want to risk. One thing I would like to clarify is about her away stay of 439 days, is this under the threshold for a 5 year route BC? I have gone through the Annex B: residence requirements but thought to confirm the same in this forum to clarify my understanding is correct? If she is not under the threshold I am planning to submit her health documents which lead to her long stay away from the country.

Your reply will help us to file her BC with appropriate details.

Thanks in advance
AK

[CR001]

439 days is under the threshold.

[ilruk2016]

439 days is under the threshold.

Thanks for this clarification CR001

AK

[RRSB2012]

Hi Ilruk and Seniors,
Please allow me to share my experience with you regarding the absences, this might be something new.
My absences in last 5 years are total 477 days (459 days Business + 19 days Personal).
I have an appointment booked this week with NCS for naturalisation application. While booking the appointment, Council registrar asked a few questions, one of the question was absences in last 5 years. When I told her 477 days, she had a pause .... and I said they are still under 480 days (sighting excess of 30 days would normally be disregarded) and they were majorly business related. She asked me to get a letter from the Company certifying the business travels.

So in a nutshell, I would say you did great by keeping it under 450 days limit. Unfortunately I didn't had a choice as travel is a part of my job. I am a bit concerned about my travel but I really hope I get through.

Hope this is helpful for you and others.
Best regards
R