Morning Everyone
Some background to my wifes application.
She's a French national, first moved to UK in 2000 until we moved to France in April 2016 with my work for the European Commission. Brexit saw an end to my work in France in June 2018 so we returned to the UK 1st September 2018 and have been here ever since. Wife has ILR and applied for Citizenship under section 6(2) (3 years in UK and married to British Citizen).
We determined that my wife could apply during a 5 day window in February 2021. We had calculated that we were in the UK during this time 3 years previously and whilst we could have waited until 1st September 2021 we wanted to take a chance earlier (Brexit and Covid has made any attempts to travel back to France to see family extremely difficult, upsetting and stressful so were prepared to take a punt). She met all the other criteria etc but the only issue was the number of days out of the country during the three year period. We calculated that on the last day of the February 2018 window she could technically apply, but she had been outside the UK for 303 days. This was over the permitted number of days but we applied for discretion in this matter as she was accompanying me on an EU contract. So we applied on 23rd Feb 2018.
11 days before the 6 months from the application date time limit, my wife received the following email:
"I refer to your application for British citizenship.
Unfortunately we are unable to consider your application under section 6(2) as you have not met a mandatory requirement. However, we can consider your case under section 6(1).
In order for us to do this you must first provide us with any absences you had from the United Kingdom between 23rd February 2016 to 15th April 2016."
My wife replied immediately asking what mandatory requirement she had not met (we assumed it would be the number of absences) and she received the following response:
"A person applying under this section is required to have been in the United Kingdom on the actual date 3 years before making the application.
Your application was received on 23rd February 2021, and so your qualifying period is from 23th February 2018 to 23rd February 2021.
According to your application form, you left the United Kingdom on 16th April 2016 and returned on 1st September 2018.
As you were not in the United Kingdom on 23rd February 2018, this requirement is not met."
My wife replied stating that she was in the UK on 23rd Feb 2018 (we attached the Eurotunnel booking for this and bank statements showing transactions in the UK on this date) and we also provided the information regarding being considered under section 6(1).
Since then there has been radio silence despite a follow up email from her a week or so ago.
So my question really is, where do we go from here?
I have re-read the qualifying criteria which states that someone must be physically present in the UK 3 years prior to the application, which she was. It doesn't state anywhere that she needed to reside in the UK at that moment or anything else.
In addition, we're reading between the lines in the email that if she could be considered under section 6(1) that they are prepared to apply discretion for our absences, otherwise why would they even suggest it?
And lastly.... we now find ourselves in a strange no mans land. We don't know what is going on with this application and seemingly have no way of finding out. However, we've now passed 1st Sept 2021 which would mean that we technically could re-apply knowing that she 100% meets the criteria. Anyone had any experience of this or could offer any guidance?
Many thanks!
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