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Yes - that is one of the options but there are other options listed.prince12 wrote:My question is does this then mean that if you have high abscences they will now require that you have been based here for 7 years and not six for citizenship?
prince12 wrote: Also the several conditions for discretion had OR at the end of each section impling that you only need to meet one of the conditions but at the end 4.1.3 it says that they will only use discretion if you meet all the above conditions??
4.1.2 wrote:the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here.
prince12 wrote: Thanks Jambo, still on this option what will the term substanial absence during the prior 2 years mean? 100days, 80days etc?
[/quote]4.1.2 wrote:the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here.
No idea.prince12 wrote:Yes - that is one of the options but there are other options listed.prince12 wrote: Thanks Jambo, still on this option what will the term substanial absence during the prior 2 years mean? 100days, 80days etc?
It does sounds logical but I have no idea. At the end of the day, it is the CW discretion based on an overall review of your application.So the plural used is referring to just one of the options plus the 4.1.2 criteria? Thanks for that. It reads almost as if they where expecting all of the conditions to be met....Just one of the OR options ((a/b/c/d) but also the conditions set in the beginning of the section i.e.4.1.2 wrote:the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here.
Thanks for clarifying that.
Do you think that the more of the conditions one meets the better the chances of getting dicretion?
Yeah i understand that ILR and naturalisation are different hence my trying to understand the rules for naturalisation.Jambo wrote:The rules for ILR and naturalisation are different and having discretion applied in one is not a guarantee it will happen again.
Do you meet that "applicants have established their home, family and a substantial part of their estate here." requirements? Mainly have you bought a house in the UK? Are your family living with you in the UK?
Another option would be to wait a few more months to reduce the absences to 480 days which are normally disregarded.
Thanks Jambo, but i will be qualifying before wife as she is just here for three years by next year so she will be applying as spouse of BC if mine goes through...i had considered joint application and covering letter asking hers be treated after mine but i dont want to complicate an already complicted apllication any further so she will have to apply after i have hopefully gotten mine....just have to pay the extra bucks... i will take your advice on the CW advice during NCS appointmentJambo wrote:On the face of it, you would probably be fine. 540 absences are not significantly above the requirement.
Another option would be to ask in a cover letter for your wife application to be considered first (if you apply together) and then for your application to be considered as a spouse of BC so only required 270 absences in 3 years which you should meet.
Never saw an example of the residence questionnaire but I don't think it will come to it. As I said, 540 days are not a lot above the threshold.
You might find it tricky to apply via NCS (they are likely to ask you to sign a form that you are aware you don't meet the requirements) but on the other hand you can ask them during the appointment to get a CW advice on the case.