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The AN booklet says..milan69 wrote:She has to apply for discretion if absent for more than 90 days in the final year.
What are the chances of getting the application approved where she has been away for 120days in the past 12months? My son had some speaking difficulties so she was there with family members so as to keep him in the company of kids and family members to improve his speech. Will this reason be valid enough for them to grant the approval? I dont wish to apply and loose my 90% of fees if it gets rejected. Any one with sort of similar scenarios, pls let me know the experiences. If the approval rate in this circumstance is very low- then will it be better option to go through a lawyer??tirfk wrote:The AN booklet says..milan69 wrote:She has to apply for discretion if absent for more than 90 days in the final year.
''5. ABSENCES FROM THE UK
To satisfy the residence requirement you should not have been absent for more than 90
days in the last 12 months. If you are married to or in a civil partnership with a British
citizen the total number of days absence for the whole 3 year period should not exceed
270. ''
So does it mean she has to be less than 90 days in the past 12 months and also be less than 270 days past 3 years or Only the later applies (total 270 days past 3 years) - in case she applies after I became BC?
Thank you
To prove the above, what documents we need to provide ? .milan69 wrote:I was away for 125 days in the final year, I applied for discretion and received my approval within 10 weeks.
I have stated that I have made UK my home, together with my family and that almost all my estate is here.
Now that I got my british citizenship and already applied for my son. Once we both have the British passport- will that be sufficient to prove? I tried through 2 councils and they are discouraging to do so as the risk of rejection is high. I spoke to 2-3 solicitors and they are also of the same opinion that I better wait until the end of this year. I dont own a house here - if thats what 'estate' means..milan69 wrote:You don't have to prove, you just need to state.
If HO wants to have evidence they will ask for it.
If HO wants then how can i prove. Do you have any relatives who become citizens in UK ? do you have own house ? I am totally confused.milan69 wrote:You don't have to prove, you just need to state.
If HO wants to have evidence they will ask for it.
Hi Milan,milan69 wrote:She has to apply for discretion if absent for more than 90 days in the final year.
Thanks very much Milanmilan69 wrote:Batasha,
you have to tick 6.7 regarding discretion and on 6.8 continuing to page 15 this is what I wrote:
"I wish to state that I have made the UK my home together with my family - my wife and 16 year old son who are both British citizens and live in the United Kingdom. With my family, I live in a rented house which is in my name. In addition, I have a large part of my estate in the United Kingdom. In the past few months, due to the nature of my work, I had to spend several weeks working abroad and therefore I am requesting for discretion to be applied with regard to the requirement to have not been absent from the country for more than 90 days in the final year."
Sorry to be pain again and asking this..tirfk wrote:Now that I got my british citizenship and already applied for my son. Once we both have the British passport- will that be sufficient to prove? I tried through 2 councils and they are discouraging to do so as the risk of rejection is high. I spoke to 2-3 solicitors and they are also of the same opinion that I better wait until the end of this year. I dont own a house here - if thats what 'estate' means..milan69 wrote:You don't have to prove, you just need to state.
If HO wants to have evidence they will ask for it.
Thanks Milan69milan69 wrote:I perfectly understand your concern since I was in the same situation.
No one can guarantee you that the outcome will be positive as it is up to of the caseworker to apply the discretion . Having said that, should your wife satisfy all the requirements for the discretion to be applies than you have little to worry about in my opinion.
The main requirements is for her to have made UK her home, meaning that she has settled here, is working.housekeeping, have social life and future plans. The second requirement is that she has made UK home together with her family, in this case you who is British citizen and your son who I understand is applying and hopefully will be British citizen soon. The third and last requirement is that she should have most of the estate here. estate is personal belongings and it is fine to live in rented home, just like I was when I've applied.
Once again, it is not 100% certain that the outcome will be positive but I think she has a very good chance.
The worst case scenario is that you will lose 906 pounds and apply again in September.
Thanks Milan69- will do. I already booked in for Croydon as they wont take fees unless they wont send the application and for other councils they charge first either over phone or online and then they give the date.milan69 wrote:Employment is not a requirement so do not worry about that.
In my opinion NCS should not be making an issue out of this since you are applying by the rules and being able to provide additional proof for discretion to be applied.
I applied through NCS Kingston and had no problem whatsoever with my case and maybe you can go there since it is not that far away.
Please keep me updated about the progress and I wish all the best