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BC application after being abroad 5months for an eye surgery

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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michelinha
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Posts: 37
Joined: Fri Mar 12, 2010 1:57 pm

BC application after being abroad 5months for an eye surgery

Post by michelinha » Fri Apr 05, 2013 6:39 pm

Please help!

I was on holiday after 2 months when I dignosed with Retinal dettachement in my eye. So after a consultation with a doctor he told I needed an operation with in days otherwise I would go blind in 15 days max. So I told him I was coming back to England asap to get the surgery done. When he told me the flight of 12hours could leave me blind before I would reach UK.

So folowing his advise I had an emergency operation, but still cant fly for another 2 months.
I am devasted about all that. By the time Im coming back to the UK I would been away for 5 months total. Do you think If get all the letters from the docs and recepts proving I ve paid for the surgery.
Will they consider my ilness as they describe on their website:

"If you have been outside the United Kingdom for six months or more in any one of the five years of the residence period you will have broken your residence. This does not apply if:
the absence was due to military service; or
all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting"

THIS ILNESS is describe by NHS website as very urgent matter, an operation must be done otherwise the pacient can go blind with weeks.

Please anyone I dont want to loose my right of becoming a BC. Thanks

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Apr 05, 2013 6:55 pm

The text you have quoted is for obtaining PR under the EEA regulations and is not part of the BC requirements.

The answer you were given on your previous question on this topic has not changed.

michelinha
Newbie
Posts: 37
Joined: Fri Mar 12, 2010 1:57 pm

Post by michelinha » Fri Apr 05, 2013 7:22 pm

Jambo wrote:The text you have quoted is for obtaining PR under the EEA regulations and is not part of the BC requirements.

The answer you were given on your previous question on this topic has not changed.
This quote I ghttp://www.ukba.homeoffice.gov.uk/britishcitiz ... rofcitizen

on European Economic Area nationals and Swiss nationals

Which Im quilified.

The question before as about time frame.

Now is about A SERIOUS ILNESS.

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Fri Apr 05, 2013 8:29 pm

As I said the text is about PR under EEA regulations. It is listed in the page you linked to as PR is required for BC. However, as you already have PR, this rule doesn't affect you.

What affects you is the residence requirements for BC which are:

* Less than 450 days of absence in the 5 years before the application.
* Less than 90 days of absence in the 12 months before the application.

If you don't meet those requirements, your application would be at discretion. Check the FAQ for more details.

ban.s
Moderator
Posts: 1981
Joined: Sat Jan 14, 2012 9:21 pm
Location: The Big Smoke

Re: BC application after being abroad 5months for an eye sur

Post by ban.s » Fri Apr 05, 2013 8:40 pm

michelinha wrote: Please anyone I dont want to loose my right of becoming a BC.
You'll not lose the right of becoming a BC. As mentioned in the previous thread, for Naturalisation the applicant needs to meet the residential requirements one of which is no more than 90 days out of the UK prior to the application. In your case you need to postpone your application for few months until the absence fall below the limit.

Discretions may be applied for longer absences upto 180 days but decision can't be predicted.

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