5 yr + 1 yr ILR or married to British citizen?? Which one?

[Ramz1483]

Hi all, I am in a position where I can choose to apply for citizenship on basis of 5yr residence ( HSMP + Tier 1) + 1 yr ILR, or based on marriage to a British Citizen. I suppose it's good to have a choice! The thing, I will also have to apply for discretion to disregard absences from the UK, as I have been away from the UK for 350 days in the last year... this is because I accompanied my husband as he was posted abroad by his UK- based organisation.

So here's my dilemma. I'm not sure if HO will disregard that many absent days, esp as they're mostly in the last 12 months... so am thinking maybe I have a better chance in one of those two categories? Are they more likely to disregard my absences and grant me citizenship if my application is based on being married to a British citizen, or based on my 5 year residence?? Help!!

Thanks in advance all ... Ramz

[Jambo]

I would wait 9 months (or until the absences in the last year are less than 100) and apply then on your own merits.

The reason is that with 350 absence days in the last year, you are most likely face a refusal either way you apply. Assuming your other absences are less than 100 days in the 5 years, you will meet the requirement (450 days) on your own merits so you can apply without the need for discretion.

If you don't meet the 450 days requirement and will require discretion even if applying on your own merits, I would apply as a spouse of BC as this is a stronger application in general.

See Q3 in Citizenship FAQs - Common Questions - Read before posting.

[Ramz1483]

I would wait 9 months (or until the absences in the last year are less than 100) and apply then on your own merits.

The reason is that with 350 absence days in the last year, you are most likely face a refusal either way you apply. Assuming your other absences are less than 100 days in the 5 years, you will meet the requirement (450 days) on your own merits so you can apply without the need for discretion.

If you don't meet the 450 days requirement and will require discretion even if applying on your own merits, I would apply as a spouse of BC as this is a stronger application in general.

See Q3 in Citizenship FAQs - Common Questions - Read before posting.

Thanks Jambo - trouble is it is likely both my husband and I will be called to travel often for work purposes in the future, so I really wanted to get this out of the way as soon as possible.. in the HO regulations they do mention that more than 180 days absences in the last year could potentially be disregarded if there is compelling circumstances. I just want to know if they could view my circumstances as exceptional, or oif 350 days is just simply too big a number to disregard!

[hsmpengineer]

Hang on you've been away for 350 days in the last 365 days. i.e you have been in the UK for 15 days in the last 365 days..methinks that will qualify as 'simply too big to disregard' in many a situation regardless of endeavour.

[Jambo]

trouble is it is likely both my husband and I will be called to travel often for work purposes in the future, so I really wanted to get this out of the way as soon as possible..

If you keep travelling at this rate, things won't get better so you might want to bite the £850 bullet and try. You will need to show that your absences were caused by the British spouse work. If possible, I would wait several months to get the absences down a bit to increase your chances.

[Ramz1483]

Hang on you've been away for 350 days in the last 365 days. i.e you have been in the UK for 15 days in the last 365 days..methinks that will qualify as 'simply too big to disregard' in many a situation regardless of endeavour.

Ugh I know Things unlikely to improve by much in the next two years, as my husband has to be abroad most of the time. Can't really afford to sit in the UK and wait for the months to roll in either, besides al the days are accumulating which means my 5yr residential period will get affected

[Ramz1483]

trouble is it is likely both my husband and I will be called to travel often for work purposes in the future, so I really wanted to get this out of the way as soon as possible..

If you keep travelling at this rate, things won't get better so you might want to bite the £850 bullet and try. You will need to show that your absences were caused by the British spouse work. If possible, I would wait several months to get the absences down a bit to increase your chances.

Thanks for all the advice. I have an appointment with the NCS, do you know if they give any advice at all? I do realise it's a lot of days, and it's that year away for my husband's work that's pushing everything up.. here's my breakdown of days' absences:

- Last 12 months: 352 days ( all can be proved to be for my British husband's work)
- Last 3 years: 477 days (only 65 for personal reasons)
- Last 5 years: 518 (only 106 for personal reasons)

I have various letters from my husband's organisation (which is UK-registered) and their partner organisation abroad with whom they're working explaining that he is working abroad on a contract basis and that I am accompanying him.

I have all wage slips and P60 from my job in the UK before I left to accompany my husband. While I don't own any property (who can in London aged 29??), I am hoping they can see I have established my home and family in the UK, being married to a Brit and having been in the UK for nearly 10 years...

What do you guys think? Bite the bullet and apply as spouse of BC?

[Glc]

You may also find the link below useful. Good luck on your application :)

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/