what is the earliest time to apply with Absences

ftse100 · Post by **ftse100** » Thu Mar 01, 2012 12:04 pm

Hi

I am new to this Board in terms of asking any questions or posting any replies, however i have been following this board for a long time which was a great help. I am currently on a ILR on the basis of WP which I got last year March 11th 2011. Then I went back home on 23rd March 2011 and stayed for almost 50 days or just 8 weeks. I came back in May 2011 and then in July again I had to travel back home due to mother's Illness. My original stay was until September 2011 when I travelled in July but due to her prolong Illness I had to stay there until December 28th 2011 (which made a tally of 175 days from July to December trip). Now I wish to apply for my British Citizenship and what is the earliest I can send my application for it. I qualify the 5 year residence qualification period like less than 450 days in last 5 years even with the absence from March 2011 till May 2011 and July 2011 till December 2011. I would really appreciate your help on this.

Post by **Jambo** » Thu Mar 01, 2012 2:53 pm

You can apply on 11th March 2012 but this would be application at discretion as you don't meet the last year absence requirement.

For the caseworker guidelines in this case see - 5.1.4.

If you would like to apply once meeting all the requirements, then you should apply after 28th December 2012.

ftse100 · Post by **ftse100** » Thu Mar 01, 2012 3:07 pm

Thanks Jambo for the help.

I was trying to find out if I consider applying by the end of September 2012. Like I was not here last year in September 2011 on the exact date when I am expecting to apply. I am confused that do I have to be here in the country 1 year before as well when I lodge my application. I was here in the UK on 29th or 30 September 2007 (when my residential qualifying period starts). Do I have to complete a 90 day absence period in the last 12 months or it has to be like I will have to be physically present exactly 1 year before as well?

If i put it in a easy way:

My return was on 28th December 2011 and If I lodge my application on 29th September 2012 then in theory in last 12 months I was away for almost 90 days but if you consider that I was also absent on the same day last year from the UK. I am asking this because it could save me 3 months
and I can send my application early.

Post by **Jambo** » Thu Mar 01, 2012 3:20 pm

Sorry. I got it wrong. wasn't thinking straight.

You are right, you can apply towards the end of September 2012.

ftse100 · Post by **ftse100** » Thu Mar 01, 2012 3:26 pm

Thank you very much Jambo

I was completely baffled with the rule.

You made my day. I can apply early for the consideration of my application.

sur · Post by **sur** » Sat Mar 03, 2012 8:50 am

Hi Jambo,
My friend is in a similar situation to ftse100. She is also eligible to apply for BC in March but due to a prolonged absence she has to wait. She left the UK in Sept 2011 and turned in feb 2012. But her passport was not sealed in the country she entered in Sept. She wanted to know if it was ok to just say she left the UK in dec 2011 and returned in feb 2012 as there is no record of outgoing passengers, which makes her absences within the qualifying period? Do they have access to other countries records?

Post by **Jambo** » Sat Mar 03, 2012 10:02 am

So you are asking if it is OK to lie and obtain British citizenship by deception? I hope that, if not your friend, that at least you are smart enough to figure out if this is right or wrong.

Unless she travelled on her own broomstick, her departure details are accessible from the airlines records which the HO have access to.

pennylessinindia · Post by **pennylessinindia** » Sat Mar 03, 2012 12:22 pm

Jambo wrote:So you are asking if it is OK to lie and obtain British citizenship by deception? I hope that, if not your friend, that at least you are smart enough to figure out if this is right or wrong.

Unless she travelled on her own broomstick, her departure details are accessible from the airlines records which the HO have access to.

I think now broomsticks are being tracked so even that option no longer available . Perhaps the Tardis is the only way to thwart UKBA .

In short no point in lying !

sur · Post by **sur** » Sat Mar 03, 2012 12:35 pm

hmmm... Thanks guys! Good sense of humor though.
Anyway jus a quick question again. If she has a child who is a BC, but she has absence of 210 days in the last year but has not crossed 450 days in the 5 yr qualifying period, will discretion be used?

Post by **Jambo** » Sat Mar 03, 2012 1:05 pm

No idea although 210 days is quite high. It depends on the circumstances and how the CW will view her case. Having a British child can put some points in her favour but it is not a gurantee for a discretion.

pennylessinindia · Post by **pennylessinindia** » Sat Mar 03, 2012 1:24 pm

sur wrote:hmmm... Thanks guys! Good sense of humor though.
Anyway jus a quick question again. If she has a child who is a BC, but she has absence of 210 days in the last year but has not crossed 450 days in the 5 yr qualifying period, will discretion be used?

Is this friend your wife

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what is the earliest time to apply with Absences

what is the earliest time to apply with Absences