exceeded absences in the last 12 months

[asherkhan11]

Hi, Every one I need to apply my Mrs. Naturalisation but the absence is exceeded in last year is 116 days and in last three years 311 days. She wasn't well and couldn't fly that's the reason it gone above the allowable absence. Do you guys think will they apply discretion on that? Please shed light on this.
Many thanks
Kind regards
Asher

[secret.simon]

Your post has been split into it's own thread, so that people can respond to you directly here.

[Twine]

I know this is silly, but make sure you are counting your days of absence correctly. Note that for a given trip, the day that you leave the UK and the day that you enter should NOT be included in your tally. Perhaps this drops your wife's total days outside the UK in the last 12 months to 100 or less? Note that up to 100 days will normally be disregarded.

According to page 8 in Booklet AN, absences of 101 - 179 days from the UK during the last 12 months of your qualifying period will be considered in the following way:

Total number of absences normally disregarded only if all other requirements are met and
• you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate.

I am assuming that YOU are a British citizen due to the mention of your wife's absences from the UK in the last three years. Is this the case? This would mean that she will be applying for naturalisation based on Section 6(2) of the British Nationality Act 1981. For such applicants, page 7 of Booklet AN outlines that absences of 301 - 540 days from the UK during the last 3 years will be considered in the following way:

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.

...with the further caveat that:

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

So you will need to show that these conditions are met. It would also be helpful to providing evidence that your wife was unwell and unable to fly.

[cyclina1]

the easiest and less hassle way is just apply a few months later until the 90 anf 270 days rules satisfied, if you can expect that your wife won't be away much in coming future...

[Twine]

the easiest and less hassle way is just apply a few months later until the 90 anf 270 days rules satisfied, if you can expect that your wife won't be away much in coming future...

Agreed ...the fee will not change until April next year. If Asher's wife can wait a bit until her 'total days out' falls under the limits then she should do that.

[srivisaN]

I know this is silly, but make sure you are counting your days of absence correctly. Note that for a given trip, the day that you leave the UK and the day that you enter should NOT be included in your tally. Perhaps this drops your wife's total days outside the UK in the last 12 months to 100 or less? Note that up to 100 days will normally be disregarded.

According to page 8 in Booklet AN, absences of 101 - 179 days from the UK during the last 12 months of your qualifying period will be considered in the following way:

Total number of absences normally disregarded only if all other requirements are met and
• you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate.

I am assuming that YOU are a British citizen due to the mention of your wife's absences from the UK in the last three years. Is this the case? This would mean that she will be applying for naturalisation based on Section 6(2) of the British Nationality Act 1981. For such applicants, page 7 of Booklet AN outlines that absences of 301 - 540 days from the UK during the last 3 years will be considered in the following way:

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.

...with the further caveat that:

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

So you will need to show that these conditions are met. It would also be helpful to providing evidence that your wife was unwell and unable to fly.

if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.
Does this mean if the application date is today, the applicant should be physically resident (and present) in UK for the last four years (May2014 - May2018), in that case applicant would automatically eligible with 3 years residence (section 6(2))

Or is there any other meaning for "resident in UK" while being absent for upto 450 days

[srivisaN]

I know this is silly, but make sure you are counting your days of absence correctly. Note that for a given trip, the day that you leave the UK and the day that you enter should NOT be included in your tally. Perhaps this drops your wife's total days outside the UK in the last 12 months to 100 or less? Note that up to 100 days will normally be disregarded.

According to page 8 in Booklet AN, absences of 101 - 179 days from the UK during the last 12 months of your qualifying period will be considered in the following way:

Total number of absences normally disregarded only if all other requirements are met and
• you have demonstrated links with the UK through presence of family, and established home and a substantial part of your estate.

I am assuming that YOU are a British citizen due to the mention of your wife's absences from the UK in the last three years. Is this the case? This would mean that she will be applying for naturalisation based on Section 6(2) of the British Nationality Act 1981. For such applicants, page 7 of Booklet AN outlines that absences of 301 - 540 days from the UK during the last 3 years will be considered in the following way:

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.

...with the further caveat that:

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

So you will need to show that these conditions are met. It would also be helpful to providing evidence that your wife was unwell and unable to fly.

if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.
Does this mean if the application date is today, the applicant should be physically resident (and present) in UK for the last four years (May2014 - May2018), in that case applicant would automatically eligible with 3 years residence (section 6(2))

Or is there any other meaning for "resident in UK" while being absent for upto 450 days

Anyone interested to answer my above query ?

[CR001]

Anyone interested to answer my above query ?

Instead of starting your own topic, you have tagged onto another members thread (which is unfair to the OP) with your own question and now bumping the topic which is not your for a response

See point 12 in the forum rules FAQs (click)

[Twine]

if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.
Does this mean if the application date is today, the applicant should be physically resident (and present) in UK for the last four years (May2014 - May2018), in that case applicant would automatically eligible with 3 years residence (section 6(2))

Or is there any other meaning for "resident in UK" while being absent for upto 450 days

Please refer to Booklet AN to appreciate the context in which your bolded phrase was written. This is aimed at potential applicants under Section 6(2) who have exceeded the initial limit of 300 days outside the UK within the last three years. Also, acceptance remains at the discretion of the Home Office caseworker.

Note that when the caseworker is applying discretion by considering a lengthier period of residence, the stipulation of physical presence is specifically for the start of the five (or three, if applying as the spouse of a British citizen) year period preceding the date of application.

[srivisaN]

Anyone interested to answer my above query ?

Instead of starting your own topic, you have tagged onto another members thread (which is unfair to the OP) with your own question and now bumping the topic which is not your for a response

See point 12 in the forum rules FAQs (click)

I am not asking this query for my own purpose, Twine responded with "if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years" clause.

I was trying to get clarity on this phrase, which might be useful for everyone (as this phrase looks confusing). If I bump in and ask for how can I apply for visitor visa, yes that is not valid but I expect this phrase is relevant to this topic and might help everyone.