Successful Citizenship application with discretion for 270 days in 3 years

[srivisaN]

Hi,

if the applicant is out of country for more than 270 days because of maternity leave.. can they still apply for British Citizenship ?

planning for citizenship in May 2018 for my wife (as spouse of BC) who was outside UK

May 16 - June 16 working from India with full time salary
July 16 - March 17 on Maternity leave with Maternity salary
April 17 - June 17 No Salary but still employed on Maternity Leave

Thanks,
Srivisa.

[CR001]

if the applicant is out of country for more than 270 days because of maternity leave.. can they still apply for British Citizenship ?

No. All absences count towards the 270 day limit, no exceptions or differentiation on absences.

[seasky]

I have a question of clarification. I thought the rule was no more than 90 days in last 12 months (I come from t1 ILR route if it makes a differnce) and you need 12 months from ILR to request BC

[CR001]

I have a question of clarification. I thought the rule was no more than 90 days in last 12 months (I come from t1 ILR route if it makes a differnce) and you need 12 months from ILR to request BC

Useful to ask your questions in your own topic rather than tagging onto another members'.

Spouse of BC does NOT have to wait 12 months on ILR.

90 day max in final 12 months is the same regardless.

[srivisaN]

Hi,

Has anyone had been successful with British Citizenship application (as a BC Spouse) with discretion for 270 days in 3 years. We are planning to apply this year and we have 440 days in the last 3 years, not sure if it is a wise decision to goahead.

Please share you experience if you are successful.


I have been following below info on https://www.gov.uk/government/uploads/s ... e_2017.pdf

My spouse is resident in UK from the past 5 years.

6(2) application
3 year QP
(applicants married to, in
a civil partnership with, a
British citizen)

Absences normally
disregarded only if:
 you meet all other requirements and  you have established your home, family
and a substantial part of your estate here.

540 days
Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.

Thanks,
Sri.

[CR001]

It would probably be wise to wait for a bit till her absence are lower or apply on the basis of 5 years residence.

[srivisaN]

Thanks CR001,

If we need to wait... it will be till 2020, as the bulk of the absenses were due to single trip on her maternity leave.

Regarding 5 years residence, is this a new route.. I thought she can only apply as spouse of BC (3 years route).

Thanks,
Sri.

[CR001]

Section 6(1) is the 5 year route. Nothing new!!

Section 6(2) is the 3 year spouse of BC route.

[srivisaN]

Hi,

Thanks CR001

I thought Section 6(1) is for Tier 1 Main applicants (ILR + 1 yr) and section 6(2) for Spouse of BC

Thanks,
Srikanth.

[CR001]

I thought Section 6(1) is for Tier 1 Main applicants (ILR + 1 yr)

There are more routes to ILR and BC than Tier 1. Section 6(1) is for ALL routes based on 5 years residence.

and section 6(2) for Spouse of BC

It is yes, but she can state 6(1) 5 years in the form.

[srivisaN]

I thought Section 6(1) is for Tier 1 Main applicants (ILR + 1 yr)

There are more routes to ILR and BC than Tier 1. Section 6(1) is for ALL routes based on 5 years residence.

and section 6(2) for Spouse of BC

It is yes, but she can state 6(1) 5 years in the form.

So even I need to go with Section 6(1) she need to have absences below 480 days (450 Normal + 30 disregarded) in the past 5 years ?

Thanks,
Sri.

[CR001]

Correct yes if she applies on the basis of 5 years residence.

[srivisaN]

Hi CROO1,

My bad we are already 4 days extra to those 480 days limit, so that puts us in square one again.

Based on your analysis on this forum, have you seen anyone successful with BC application with absences exceeding either 270 days (3 year route) or 450 days (5 year route) with discretion ?

Thanks,
Sri.

[CR001]

Very few.