Will absence from UK due to maternity affect BC???

[viraam]

Hello everyone,

I came to UK in July 2006 on WP. I got my ILR inJuly 2011. Since I had got no help/family support in UK, I went to India in March 2012 for the delivery of my baby (which was born in April 2012).
If I would have stayed in UK till July 2012, I could have applied for my citizenship straightaway without any problem, but since I had to go back to India in March 2012 and I was there till September 2012 (Came back to UK only in last week of Sep 24th Sep 2012). So, Now I have a long gap of about 7 months (away from UK) in last year although I have a valid reason of maternity.

But now my question is that can I apply for citizenship on the basis of maternity or should I wait till Sep 2013 to complete my whole 1 year (from my last entry) or will I never get now citizenship due to this long absence?

Can anyone please suggest ? I am in real confusion please help ...

many thanks.

[Jambo]

7 months absence in the last year would mean discretion would be needed to be applied and it is difficult to predict the caseworker view on this. Do you own property in the UK? Is your family with you in the UK? This will help with your chances for a discretion.

Alternatively, wait until June. You don't need to wait for a full year to pass. Just until your absences in the last year fall below 90 days (which would probably be around June).

[viraam]

Thanks a lot Jambo. No, I do not own property here in UK. And for family as well its only three of us (me , my husband and my daughter). I guess you are right, I should wait and thans for this idea, I can apply in June/July.

I had one more question is there any count on number of days out from UK which are allowed for BC? I have read a mention of "450 days" in many threads. Is that the maximum value? And is it for 5years or 6 years (5 years of ILR and 1 year of BC)?

[Jambo]

See Q1 & Q3 in Citizenship FAQs - Common Questions - Read before posting. (click on the link for the requirements in Q1).

For naturalisation only the 5 years before the application matter. What you did before that is not relevant for the application.

[krthk.s]

Hello viraam,

My wife will be in a similar situation to you

- Resident in the UK since May 2007
- Initially on Work Permit, then Tier 2, then as Tier 1 Dependant until obtaining ILR in May 2012
- Delivered baby in the UK in March 2012 (baby also holds ILR now)
- On maternity leave in India from June 2012 until end of Jan 2013

- She is eligible to apply for BC based on her 5 year residence in May 2013
- Also eligible to apply based on 3 year residence as spouse of BC once I get my BC in May 2013

However, as I pointed out above, she will have been away from the UK for 7 months, in this final year since ILR from May 2012 to May 2013.

- During this period she is on maternity leave with her employer and has been receiving statutory maternity pay.

We intend to make a joint application in May 2013 for BC for both of us, if her application fails, all we lose is the application fee.

I know this is a risk and requires discretion by the caseworker, but since there is not much information available in this regard I intend to try.

Please do post your experience in this thread when you go for your naturalisation

Thanks.

[krthk.s]

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

If you have been absent from the UK for more than 180 days in total during the final year, we will only disregard the absence if:

- you have met the residence requirements over the qualifying period; and
- you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here; and
- the absence occurred because you were serving abroad in Crown service, or for a compelling occupational or compassionate reason.

My wife would satisfy the above three conditions,
- her total absence would be 450 days or less
- she continues to pay tax and NI and has a tenancy agreement in her name
- absence was due to maternity

So we intend to take a chance and apply for her too.