Absence more than 90 days in last year due to pregnancy

[mego_1980]

My wife will get her settlement on January 2014 so she will apply for naturalization on January 2015. My question is , she is pregnant at the moment and her due date will be on July 2015.
I know for fact that she can't stay outside UK for more than 90 days in last year but she wants to go to her country so, her mum look after her. I don't know if it is possible to stay more than 90 days in last year before Naturalization?

Your help would be greatly appreciated.

[mego_1980]

My wife will get her settlement on January 2014 so she will apply for naturalization on January 2015. My question is , she is pregnant at the moment and her due date will be on July 2015.
I know for fact that she can't stay outside UK for more than 90 days in last year but she wants to go to her country so, her mum look after her. I don't know if it is possible to stay more than 90 days in last year before Naturalization?

Your help would be greatly appreciated.

Any thoughts on above pleaseee

[forbc123]

My wife will get her settlement on January 2014 so she will apply for naturalization on January 2015. My question is , she is pregnant at the moment and her due date will be on July 2015.
I know for fact that she can't stay outside UK for more than 90 days in last year but she wants to go to her country so, her mum look after her. I don't know if it is possible to stay more than 90 days in last year before Naturalization?

Your help would be greatly appreciated.

Any thoughts on above pleaseee

upto 100 days disregarded

[mego_1980]

upto 100 days disregarded

Thanks for your reply.

But I was thinking that if she has to stay out of UK in a special circumstances (i.e pregnancy in this case) she would be able to stay more than 90 days. she is thinking to stay for 4 or 5 months is it going to be okay?

[Amber]

See also, Discretion on absences from the UK during the residential qualifying period.

[mego_1980]

See also, Discretion on absences from the UK during the residential qualifying period.

Thanks Amber but they didn't mention absence due to special circumstances so that means she has to stay in UK during her pregnancy. Please correct me if I am wrong.

[Amber]

What is your immigration status, British otherwise than by descent? When did your wife enter the UK?

[mego_1980]

What is your immigration status, British otherwise than by descent? When did your wife enter the UK?

This is for my wife. I am British citizen. She entered UK on 5th Feb 2012 and she will apply for ILR on Jan 2014 and Naturalization on Jan 2015.

My main concern is her absence in the last year of the qualified period (from Jan 14 to Jan 15) as the maximum she can stay outside uk is 90 to 100 days in the final year but she is thinking to go back to her country during pregnancy time ( I would say for 4 to 5 months so, her parents will look after her)

[Amber]

She cannot apply until on or after 5th Feb 2015.

If the child is born in the UK the child will be British otherwise than by descent which is also worth considering. If you were born outside the UK and are British by descent (not naturalised) then the child if born abroad (not a QT), would not be British (although would be entitled to register as such). If you wife exceeds the discretion she will have to wait until she doesn't.

[Jambo]

See also, Discretion on absences from the UK during the residential qualifying period.

Thanks Amber but they didn't mention absence due to special circumstances so that means she has to stay in UK during her pregnancy. Please correct me if I am wrong.

She could either make an application at discretion (with 120-150 days of absence) or wait 9 months and apply then (with 3 months of absence in the last year).

[mego_1980]

See also, Discretion on absences from the UK during the residential qualifying period.

Thanks Amber but they didn't mention absence due to special circumstances so that means she has to stay in UK during her pregnancy. Please correct me if I am wrong.

She could either make an application at discretion (with 120-150 days of absence) or wait 9 months and apply then (with 3 months of absence in the last year).

Thanks for your answers and advises.

So, do you know how to apply for the discretion (with 120-150 days of absence)?

[Jambo]

You don't need to apply for discretion. The caseworker might apply discretion if you don't meet the requirement. It would wise to provide additional information as described in the link given a few posts back.

[tesia85]

My wife will get her settlement on January 2014 so she will apply for naturalization on January 2015. My question is , she is pregnant at the moment and her due date will be on July 2015.
I know for fact that she can't stay outside UK for more than 90 days in last year but she wants to go to her country so, her mum look after her. I don't know if it is possible to stay more than 90 days in last year before Naturalization?

Your help would be greatly appreciated.

Hi Mego_1980,
I applied a few weeks ago with 110 abences due to giving birth abroad. I haven't got the answer yet but you can follow my timeline in the October thread (page 13).


Eligibility criteria: Spouse of BC (5.5 years exercising EEA treaty rights - no PR card), 110 absences in the last 12 months
Method of application: Postal
Date of application: 9 October 2013
Date of receipt by UKBA: 10 October 2013 (tracked)
Date of acknowledgement : 01 November 2013
Date of debit of fees: 30 October 2013
Date of approval:
Date of Ceremony:

[mego_1980]

My wife will get her settlement on January 2014 so she will apply for naturalization on January 2015. My question is , she is pregnant at the moment and her due date will be on July 2015.
I know for fact that she can't stay outside UK for more than 90 days in last year but she wants to go to her country so, her mum look after her. I don't know if it is possible to stay more than 90 days in last year before Naturalization?

Your help would be greatly appreciated.

Hi Mego_1980,
I applied a few weeks ago with 110 abences due to giving birth abroad. I haven't got the answer yet but you can follow my timeline in the October thread (page 13).


Eligibility criteria: Spouse of BC (5.5 years exercising EEA treaty rights - no PR card), 110 absences in the last 12 months
Method of application: Postal
Date of application: 9 October 2013
Date of receipt by UKBA: 10 October 2013 (tracked)
Date of acknowledgement : 01 November 2013
Date of debit of fees: 30 October 2013
Date of approval:
Date of Ceremony:

Thank you all for your answers.

I will keep my eye on your time line tesia85.

What documents did you send to support your absence?

[tesia85]

What documents did you send to support your absence?

I have sent them my MAT B1 form and a letter from my employer confirming that i was on maternity leave.

[mego_1980]

What documents did you send to support your absence?

I have sent them my MAT B1 form and a letter from my employer confirming that i was on maternity leave.

Could you send me any links to successful cases with long absence due to pregnancy?

Thanks

[Just Wondering]

Have a look at the form that your wife will need to submit when she applies. It most likely will change a bit between now and application, but the basics will most likely stay the same.

There is a box on the form (at the moment, it's the box before signature) which asks for further information if the applicant (i.e. your wife) does not meet all the requirements. In this box, the applicant should set out that they are requesting discretion and on what requirement they are requesting discretion. Further fill out why discretion should be given bearing in mind the grounds for them to exercise discretion to waive absences between 101-180 days (set out in the link above).

To my mind, pregnancy isn't a "special circumstance" - being posted abroad for Crown Service is. You can choose where to have a baby.

However, explain the situation and include information to demonstrate that she met the long qualifying period (e.g. no absences over 270 days over the previous 3 years) and that she has a demonstrable link to the UK (e.g. home, family, estate are in the UK).

That is just my 2 cents.

[mego_1980]

Have a look at the form that your wife will need to submit when she applies. It most likely will change a bit between now and application, but the basics will most likely stay the same.

There is a box on the form (at the moment, it's the box before signature) which asks for further information if the applicant (i.e. your wife) does not meet all the requirements. In this box, the applicant should set out that they are requesting discretion and on what requirement they are requesting discretion. Further fill out why discretion should be given bearing in mind the grounds for them to exercise discretion to waive absences between 101-180 days (set out in the link above).

To my mind, pregnancy isn't a "special circumstance" - being posted abroad for Crown Service is. You can choose where to have a baby.

However, explain the situation and include information to demonstrate that she met the long qualifying period (e.g. no absences over 270 days over the previous 3 years) and that she has a demonstrable link to the UK (e.g. home, family, estate are in the UK).

That is just my 2 cents.

Thanks Just Wondering,

She will have the baby in UK but she wants to go to her home country where his mum will look after her during this time

[tesia85]

Hello!

I received my approval letter on 6th December (dated 03/12/13) )))

As I stated earlier, I applied with 110 absences in the last year also I had been abroad on maternity leave for about a month on the day my application was received by UKBA. My total number of absences for 3 years was within the limits. I applied as a spouse of BC.

Good luck!

[ohojska]

First of all congratulations for you successful story Tesia85.
I know it's not fully related with the topic of your post but should I understand that your situation is a proof that even you was in UK for over 5 years under the European law, once it was more convenient for you, you just switched to apply for BC under the UK law?

[Jambo]

First of all congratulations for you successful story Tesia85.
I know it's not fully related with the topic of your post but should I understand that your situation is a proof that even you was in UK for over 5 years under the European law, once it was more convenient for you, you just switched to apply for BC under the UK law?

There is only one law to apply for BC regardless if you are European or not so there is nothing to switch to.
Or is your question - for the reasons a EU national would apply for a British citizenship?

[ohojska]

What I meant Jumbo was that Tesia85 as a Polish person had to exercise her treaty rights for 5 years, later she supposed to have PR for 1 year and after that she was supposed to apply for BC. But once her husband become BC she used different path and managed to skip 1 year of PR.