need advise please

[SHURAMORE]

good afternoon,

i will be very grateful if you could help me please.

I came to Uk on 2004 on a spouse visa, my husband passed away on 2006 and I've got ILR before the spouse visa ends on 2006. After that I lived and I worked in UK for a year in the intention to apply for citizenship, unfortunately the law has changed and after being on 1 year on ILR they said I cannot apply as spouse ( widow) anymore and that I have to apply based on 5 years residence.
I decide to go back my country as a lot of things has changed and I couldn't afford to live alone here.
BUT I kept coming to Uk and I've never breach the immigration.
I had an inheritance court in my late husband country, as I was waiting for a large amount I stayed in their country because they sponsored my expenses there waiting for my part of inheritance to be given to me.
The situation was complicated because me and my late husband children fighting to have our part from my late husband brothers in a family business ! And I was the only stranger there.
So when my part was released I came here On Sep 2012 in the intention to live again I started school and I've been in temporary addresses sometime with friends sometimes in serviced apartments until Feb 2013 I've rent a flat for one year after that I moved to my own flat.
I was planning to apply for citizenship on Sep 2017 but when I knew about the discretion of the maximum days spent outside Uk I am thinking of applying on Sep 2016 As I've been physically in Uk Sep 2011.


1 - Based on 02 Sep 2011

the number of days outside UK will be between the minimum 665 and the maximum 696. ( I am explaining why in part 2 )
I brought all the funds that I have to Uk.
I bought a house and I am in the process of buying another one.
I got ILR 10 years a go.
I’ve spent 68 days last year outside UK.
I have all the documents from the court with all details.
Confirmation from my UK bank of the transfers of this funds to UK.

2 - I have the entry stamp 02 May 2011 in UK on my passport and i didn’t remember how long I’ve stayed, as we never have exit stamp I checked the destination entry stamp. in this date i couldn’t find it. I only found my country entry stamp on 05 Jun 2011. BUT i am sure my itenirary was ( UK___husband country___my country )

how do i will explain this in my form ? i dont want to give false informations !



Would you please advise me if this is the right thing to do ?

And shall I do it myself OR ask for a solicitor to apply for me.

Many thanks.

[noajthan]

You don't need a lawyer if you are organised and methodical.

You have a problem due to excessive absences over past 5 years.
Fortunately a caseworker may exercise discretion but you may have to show residency in UK over 7 or 8 years rather than five years.

You can complement your passport entry/exit stamps with official letters and documentation to prove your residence in UK.
(You should not have been outside UK for 2 years or ILR will gave been lost).

[SHURAMORE]

thank you noajthan for your reply,

the maximum continuos period outside uk was 7 months during last 10 years

[noajthan]

thank you noajthan for your reply,

the maximum continuos period outside uk was 7 months during last 10 years

So you have maintained ILR.

You just have excessive absences to deal with.
It will involve submitting proof of residence over a longer period back in time.
And hope caseworker applies discretion.

[SHURAMORE]

yes I did noajthan,

I kept all my passports since 2004. are they enough as a proof of residence ?

[noajthan]

yes I did noajthan,

I kept all my passports since 2004. are they enough as a proof of residence ?

You've explained passports stamps are missing so you are likely to need more accompanying documents.

[SHURAMORE]

can anyone please advise me if i should add a cover letter to explain the reason for being away more than 450 days outside UK, with the application ?

[noajthan]

can anyone please advise me if i should add a cover letter to explain the reason for being away more than 450 days outside UK, with the application ?

It may help. Together with showing you have lived in UK for 7 or 8 years.

[SHURAMORE]

THANK YOU NOAJTHAN,
I went to see a lawyer and he said than it will be up to HO to apply discretion or not, and in case it's not he can still assist and apply sep 2017.

His fees are so expensive so i decide to apply my self but i am afraid to do any mistake !

[noajthan]

THANK YOU NOAJTHAN,
I went to see a lawyer and he said than it will be up to HO to apply discretion or not, and in case it's not he can still assist and apply sep 2017.

His fees are so expensive so i decide to apply my self but i am afraid to do any mistake !

Yes its discretionary - as established here.
You can read the same AN guidance as solicitor can.
S/he has no secret sources.

Refer to AN guidance to see the extent of discretion and conditions to fulfill, including extra time to be served in UK (as advised above).

[SHURAMORE]

hi Noajthan,

MY APPLICATION HAS BEEN SUCCESSFUL !!

I'VE APPLIED ON 07 SEPTEMBER AND I'VE RECEIVED THE APPROVAL LETTER ON THE 04 NOVEMBER, DATED 02 NOVEMBER 2016.

THANK YOU SO MUCH.

[noajthan]

hi Noajthan,

MY APPLICATION HAS BEEN SUCCESSFUL !!

I'VE APPLIED ON 07 SEPTEMBER AND I'VE RECEIVED THE APPROVAL LETTER ON THE 04 NOVEMBER, DATED 02 NOVEMBER 2016.

THANK YOU SO MUCH.

Oh that's wonderful.
You were so worried but you believed in yourself and took the plunge.
It must be a great weight off your shoulders.

Enjoy your ceremony and the peace of mind your new passport will bring.

[SHURAMORE]

THANK YOU SO MUCH.

I'VE JUST BEEN SO HONEST ABOUT EVERYTHING AND WHY I'VE BEEN AWAY. AND I ENCLOSED A LETTER FROM MY LAWYER FROM ABOARD WHO HAS EXPLAINED REASONS WHY I'VE SPENT THAT TIME ( AT THIS COUNTRY ).

THE TOTAL NUMBER OUTSIDE UK WAS 700 DAYS.

AND THANK GOD THEY APPLYED DISCRETION.

THANK YOU SO MUCH.