My Wife Leave abseneces in last 5 years for is 510 days

[goldyrahul]

Hello everyone,

I came to UK in Nov 2006 on WP and my wife came in May 2007. We both got ILR in Jan 2012. My wife went to India in Feb 2011 for our daughter birth to India. She stayed there for almost 7 months and her absences in last 5+ years is approx 512 dats .If I apply for my citizenship straightaway alongwith my wife and kids do you see any issues for my wife getting citizenship along with my applciation. In last 1 year after ILR she has been out of country for 70 days.

I have got on details from UKBA website wherein it states following :

Discretion on absences from the UK during the residential qualifying period
Naturalisation
This page explains how we can use our discretion when considering applications for naturalisation from applicants who have been absent from the UK during their residential qualifying period.
We normally disregard absences of up to 300 days.
If you have been absent for between 301 and 540 days, we will disregard this if you meet all the other requirements and have established your home, family and a large part of your estate here. We would also expect that:
• for absences of up to 450 days, you have been resident in the UK for the past four years; or
• for absences of more than 450 days, you have been resident in the UK for the past five years; or
• the absences occurred because you were serving abroad in Crown service or because your husband, wife or civil partner was serving abroad in Crown or designated service; or
• the absences were unavoidable owing to the nature of your work - for example, because you are a merchant seaman or you work for a UK-based business which requires frequent travel abroad; or
• there are exceptional or compelling reasons of an occupational or compassionate nature, such as having a firm job offer for which British citizenship is a genuine requirement.

Point number 2 i.e. for absences of more than 450 days, you have been resident in the UK for the past five years;

can you someone please advise if there will be an issues for my wife for getting Citizenship only advantage is she is in UK livign with me for more than 5+ years

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

[Jambo]

I beleive the confusion comes from the fact that the page on the UKBA refers to discretion for an application as a spouse of BC in which the residential period required is only 3 years.

I suggest you read Q1 & Q3 in Citizenship FAQs - Common Questions - Read before posting.

[goldyrahul]

Thanks Jumbo. I really appreciate of the fact the link / pdf you have provided but still unclear as to what category does it fit and should I apply for BC along with my application. I forgot to mentioned the impoertant point that we both lost passport in Jan 2009 overseas although we have Police report and based on that we have received ILR from Home Office. Do you see that an issue. I myself had SAR report from Home Office and enough evidence for my wife to prove that she mets 5/3 yrs residence requirement. Please advise

[Jambo]

and enough evidence for my wife to prove that she mets 5/3 yrs residence requirement. Please advise

You just stated she has been away for 510 days in the 5 years so how can you prove she meets the requirements? The requirements are less than 450 days in the 5 years just before the application (any absence before that is not relevant).

She can apply with you and her application will be at discretion. With 510 days, she probably have a good chance of approval but this depends on the view of the caseworker.