Naturalisation dependant discretion eligibility

[suriips450]

Hi,

I am planning to apply for my spouse Naturalisation as a spouse to British citizen but strictly speaking in terms of absence she is eligible this November. But she is in the UK since 2012 as below

May 2012 to Aug 2014 (in the UK)
Aug 2014 to Nov 2015 (in India for medical reasons, got ILR in Oct 2016 with a medical letter, that was along with my ILR)
Nov 2015 to present (in the UK)

With same medical letter that she used for ILR, if she apply for Naturalisation now, do you reckon it will be approved under discretion please?

3yrs stay just before this application, does it have to be continuous?

Thanks

[secret.simon]

Aug 2014 to Nov 2015 (in India for medical reasons, got ILR in Oct 2016 with a medical letter, that was along with my ILR)

With same medical letter that she used for ILR, if she apply for Naturalisation now, do you reckon it will be approved under discretion please?

No, because there is no provision for discretion regarding being in the UK at the start of the three/five year period.

But she seems to meet the five year requirements (held ILR for more than a year, absences are less than 450 days in five years, etc). So, she should be able to apply on her own (i.e. not as the spouse of a British citizen).

[suriips450]

Hi secret.simon,

Thanks for the reply.

In terms of applying via 5yr rule, she was absent for 515 days though.

1/8/2014 to 8/11/2015: 464 days
30/06/2017 to 20/08/2017: 51 days

Can she still apply and able to get it approved with existing medical letter (dated 2016) please?

Medical letter states (used for her ILR):
She had couple of miscarriages and she needed mental support and stayed with her mum that 2014 to 2015 period.

Thanks