Help needed regarding naturalisation

abudream · Post by **abudream** » Thu Mar 19, 2009 9:24 pm

Hi there,

I have few questions and I would be grateful for your kind advice.

1- I have been in the UK for more than 10 years now. I had my ILR on 22/04/08 (WP+HSMP). Does the qualifying period start for naturalisation from 5 years before ILR or 5 years before application for naturalisation (i.e. 22/04/04 or 22/04/03)?

2- my wife arrived in the UK in July 2005 and received ILR with me last April (so will be in the UK for about 4 years by the time I get my passport). My understanding is that she will not be able to apply with me, but can apply after I become a british citizen as a spouse. Is that correct?

3- during the first 2 years of her stay, she was still studying abroad, so spent about 7-8 months of each year abroad. over the last 2 years she has been living here (apart from holidays). she has been absent for the following number of days over the last few years:
July 2005-July 2006: 223 days
July 2006-July 2007: 255 days
July 2007-July 2008: 55 days
July 2008- July2009 (estimated): 91 days

Would she be able to apply this summer based on the discretion rules or would she have to wait for another year.

Thank you for your help

Post by **vinny** » Thu Mar 19, 2009 11:27 pm

1. Qualifying period starts 5 years prior to their receiving your application. You must have been in the UK at that start time.

2. Correct.

3. See also Can I be naturalised as a British citizen? and Chapter 6: General Information and Chapter 18: Naturalisation at discretion

Titanic999 · Post by **Titanic999** » Fri Mar 20, 2009 11:27 am

Hi,

I'm in a same boat applying for Naturalization sometime in April 09.

My situation:
Category: Spouse of a British Citizen.

Absences from Britain:Total no. of days: 356 days
2006-2007: 64 days(Reason: visiting relatives)
2007-2008:228 days(Reason: Pregnancy and child Birth)
2008-2009: 64 days(Reason: visiting relatives)

During the above absences, my husband was working here in UK, so, I guess I've satisfied this clause(the applicant has established links with the UK through presence here of home, family and a substantial part of estate)

I've referred Chapter 18: Naturalisation at discretion and could not find the discretion for Pregnancy and child birth.

Would I be eligible for Naturalization??
I request experienced members/anyone who is/was in a similar situation dealt with this kind of situation to throw some light for the benefit of the board.

Thanks,
T

abudream · Post by **abudream** » Fri Mar 20, 2009 8:28 pm

Thank you for your reply

As far as I can understand, based on the discretion rules she may not be able to apply for another year or so. She has about 400 days within the last 3 years. Since that is less than 450 days she will need another year of residence (without substantial absences, therefore, she can not use her first year in the UK as she was outside the UK for 223 days.

The alternative is if they would accept her excuse of being outside the UK for studying purposes. I don't know if they would accept that.

BTW, Would the NCS deal with such an application or would we have to apply directly?

Thank you for your help

Titanic999 · Post by **Titanic999** » Sat Mar 21, 2009 8:33 am

Thanks abudream for your update.

I guess you are talking about the below absences in your case:
July 2005-July 2006: 223 days
July 2006-July 2007: 255 days
July 2007-July 2008: 55 days
July 2008- July2009 (estimated): 91 days

I guess you may be right that she will need another year of residence without absences.

Can anyone throw some light about these absences as in my case pls:
Category: Spouse of a British Citizen.

Absences from Britain:Total no. of days: 356 days
2006-2007: 64 days(Reason: visiting relatives)
2007-2008:228 days(Reason: Pregnancy and child Birth)
2008-2009: 64 days(Reason: visiting relatives)

Appreciate your time and help.

abudream · Post by **abudream** » Sun Mar 22, 2009 9:47 am

Thanks for your reply,

You are in the same position. It all depends on how much they are willing to accept our circumstances as being unavoidable. Otherwise, it is an extra year for the spouse. Are you planning to submit an application in April anyway?

Abudream

Titanic999 · Post by **Titanic999** » Sun Mar 22, 2009 10:21 am

As per reliable sources and sr. members of the board, HO will allow upto 300 days.
I also have Discharge summaries for my father-in-law, who underwent heart-surgery(2006-2007: 64 days(Reason: visiting relatives)
and
for pregnancy and child birth(2007-2008:228 days)

I need to see how far HO consider this as discretion.
I'm thinking of consulting few Immigration Lawyers also and decide whether to apply in April 09 or not.

Will keep you all posted.
If anyone experienced similar situation, appreciate if you let me know what the outcome is.

Thanks,
T

Sten · Post by **Sten** » Wed Jun 03, 2009 10:08 pm

Titanic999 wrote:If anyone experienced similar situation, appreciate if you let me know what the outcome is.

Hi Titanic999,

Have you progressed any further with this case ? My friend is in exactly the same situation and is desperate to know what was the outcome ..

Titanic999 · Post by **Titanic999** » Fri Jun 05, 2009 1:04 pm

I'm not sure as to how would a case worker deal with my situation.
But I'm going ahead and applying via NCS next monday.

As per paragraph 4 of Annexure B to chapter 18, a case worker can exercise discretion.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I'm just writing below lines in application and submitting.
*******************************
During the above absences, my husband was working here full-time in UK, so, I presume I've fulfilled this clause(the applicant has established links with the UK through presence here of home, family and a substantial part of their estate here in UK)
and also fulfilled:
at least 1 year residence (without substantial absences) immediately prior to the 3 year qualifying period.
***********************
But at the end of day, its totally a case worker's decision.
If any one applied with same situation, pls. throw some light.

Thanks,
T

f2k · Post by **f2k** » Fri Jun 05, 2009 2:47 pm

Titanic999
When did did you arrive in the UK? The way i read that discretion clause for over 300days is that you have had to be in the UK at least 1 year before the start of you qualifying period. So if you were in UK 1 year b4 the start of the qualifying period then you would also need to include the absences from that year

Titanic999 · Post by **Titanic999** » Fri Jun 05, 2009 4:16 pm

I arrived in UK on 12th Mar 2006
These are the following absences in past 3 years:
From 12th Mar 2006 to 11th Mar 2007-->64days
From 12th Mar 2007 to 11th Mar 2008-->228days(pregnancy and child birth)
From 12th Mar 2008 to 11th Mar 2009-->64days
So altogether its 356 days.

As per paragraph 4 of Annexure B to chapter 18, I fulfilled the below clauses besides residence requirements:
1.the applicant has established links with the UK through presence here of home, family and a substantial part of their estate here in UK.
2.At least 1 year residence (without substantial absences) immediately prior to the 3 year qualifying period.

You are talking about this I guess:
2.At least 1 year residence (without substantial absences) immediately prior to the 3 year qualifying period.

Does this mean:
a.At least 1 year residence (without substantial absences) during From 12th Mar 2008 to 11th Mar 2009(this is what my understanding is, pls. correct me if I'm wrong)
OR
b.At least 1 year residence (without substantial absences) during before 12th Mar 2006(the date I arrived in UK??),

Pls. clarify .

Thanks,
T

f2k · Post by **f2k** » Fri Jun 05, 2009 4:31 pm

2.At least 1 year residence (without substantial absences) immediately prior to the 3 year qualifying period.

This means 1 year BEFORE the start of your qualifying period which in your case if your apply on Monday would be 9 June 2005. Remember your qualifying period starts 3 years before the date they receive the application for naturalisation, i see you are counting up to 12 March 09, it should be up to whatever date you apply (actually when they receive the application). Another question when did you get ILR, did you have any problems when you applied

Titanic999 · Post by **Titanic999** » Fri Jun 05, 2009 4:41 pm

If its 9th June 2005, I was not in UK at all on this date.(Does that mean that I'm not eligible to apply on Monday, the 8th June 2009??)Pls. let me know so that I can save money in this difficult hour.

Also, I was in UK from 12th Mar 2006.

My ILR was granted on 15th Feb 2008. No problems was faced regarding ILR.

f2k · Post by **f2k** » Fri Jun 05, 2009 5:06 pm

Titanic999 wrote:If its 9th June 2005, I was not in UK at all on this date.(Does that mean that I'm not eligible to apply on Monday, the 8th June 2009??)Pls. let me know so that I can save money in this difficult hour.

Also, I was in UK from 12th Mar 2006.

My ILR was granted on 15th Feb 2008. No problems was faced regarding ILR.

Well i would say wait to hear the opinion of others first before making a final decision. Consult a solicitor if need be. my intepretition of that statement with regards to the '1 year prior..clause' is that you dont qualify, but that isnt to say if you apply you will not get it. Remember when you are now hoping to get approved via the discretion from the caseworker it means you have to supply more information over and above the normal requirment, especially with regards to showing that you have 'significant ties' to the UK

Titanic999 · Post by **Titanic999** » Fri Jun 05, 2009 9:22 pm

Yes F2k, U're right..
I clearly read in Guide AN in page 16 and it clearly says that if spouse's absences is upto 450 days, they would expect us to have been resident in the UK for the last 4 years.
I shall request fellow experienced boarders to give me advise and best possible course of action.
Also, I shall try to talk to some solicitor and see what can I do.

For now, I've called up NCS and postponed my app. to next month-end as I cant cancel it.

Thanks,
T

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Help needed regarding naturalisation

Help needed regarding naturalisation