Citizenship application advice (regarding absences)

[badbug27]

Hi all,

I have read several posts about this but still have a query so posting a new thread. Apologies if there is a duplication.

I along with my wife and older daughter received ILR in February 2010. My second daughter was born in March last year in India. She has indefinite leave to enter the UK. After the birth of my daughter my wife was ill and couldn't travel till September 2011.

In total my wife has absences of 172 days in the final year. We have all the medical certificates etc to confirm the illness and doctor's advice against travel. She was on maternity leave all along and is now back to her job (does this count as ties to UK?). Her total absences in last five years is sharp 449 days (disregarding departure & arrival days).

If I read the guidance (Annex B) then upto 180 days of absences are disregarded in compelling circumstances. Does this count as compelling circumstances? Does anyone have any experience about this? Also, if we all apply together as a family what impact this could have on the whole application, i.e. could they refuse the other applications too?

Any help and advice will be much appreciated.

Many thanks,
Bhargav

[Jambo]

If I read the guidance (Annex B) then upto 180 days of absences are disregarded in compelling circumstances. Does this count as compelling circumstances? Does anyone have any experience about this? Also, if we all apply together as a family what impact this could have on the whole application, i.e. could they refuse the other applications too?

The guidelines says -

Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.

The compelling circumstances are needed in case the 5 years (450 days) requirements are not met so she is in a better position. They can refuse just her application and approve the rest or just approve all of you. If she provides an explanation for the absences in the application, that would increase her changes of approval.

[badbug27]

Jambo,

Many thanks for your fast reply. We will certainly provide an explanation along with medical records if needed. The guidelines seem a little reassuring as she is at least within the 450 days limit.

Regards.