Refused Application - Absences

[suga]

Hi

My wife application has been unsuccessful and we are planning to appeal

But we would be very pleased if you can comment if we have right to appeal .

My wife has been in the UK since June 2010 . and I m a British citizen .
It s been more than 4 years she has been in the UK. And she’s holding ILR since 2 years .

Because of her father illness ( he has a Parkinson disease and he is 96 % disabled ) she been away from the UK
and as a result she has 393 days of absence in the last 3 years .

Naturalisation Booklet – October 2013 states the following
if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years

a) you meet all other requirements; and b) you have established your home, family and a substantial part of your estate here.

In our case, she has been a resident in the UK for 4 years and her absences are less than 450 days and we meet all other requirements

but our case has been refused .

Any idea what should we do ?

Thanks a lot

[t123456789]

The booklet states 270 days for a 3 year qualifying period. Anything more is by discretion and up to the case worker. However this sounds like something you should ask for reconsideration for. Hopefully one of the experts can give better insight.

Was she absent less than 90 days in the last 12 months?

[vinny]

They considered her application under Section 6(2), which have different requirements.

[suga]

She was 89 days absent in the last year.

[t123456789]

She was 89 days absent in the last year.

And they specifically refused it because of the 270 days? Or was just generally the residency requirements.

You can't really appeal these decisions, but you can pay £80 for them to reconsider the decision. You basically have to explain to them why they were wrong in the decision. There is definitely discretion for the 270 days rule (up to 450 days if resident for at least 4 years), but why the case worker decided not to apply that I do not know.

[suga]

THe quotation is as follows

"as you were absent from the UK for a total of 393 days , you have exceeded the limit of 270 days of absence in the year preceding the application date.
Whilst the Secretary of State has discretion to waive absences in the excess of the permitted maximum,she is not prepared to do so in particular case. We can find no compassionate or compelling reasons to justify exercising discretion to waive these excess absences at this time. "

My wife is consultant doctor ( Psychiatrist) , eventhough she cannot practise in the UK,with a heavily disabled father who needs constant treatment.

we really cannot understand .

[t123456789]

You basically have only 2 options:

1. Ask for a reconsideration. You need to convince them that your permanent home is here and explain why your wife has been absent so many days, and they should have used discretion to grant her citizenship.

2. Wait until she meets the residence requirement and reapply.

A reconsideration would not negatively affect any further application at a later stage if they still refuse it. Basically you can pay £80 now and hope to save ~£900 later. There are people who have successfully had their applications reconsidered.

[suga]

Thank you very much for your time and interest.

[Casa]

Had she exceeded 270 days in the 12 month period prior to the application, which is stated in the refusal? You have mentioned an absence of only 89 days?

[milan69]

Did she apply for discretion?

[suga]

Last 12 months she was off 89 days only. but during QP -(last 3 years) she s been absent 393 days.

[milan69]

Did she apply for discretion?

[suga]

Sorry i mistyped the quotation of home office . the correct one is as follows

"As you were absent from the UK for a total of 393 days, you have exceeded the limit of 270 days absence in the THREE years preceding the application date ..."

[suga]

yes.. we mentioned that she had to travel back to visit her ill father.

[bubulinea]

Hello suga,

I'm so sorry that your wife's application has been denied. I was in the same predicament. My mum had a stroke in 2010 and needs full time care since then. The first 1.5 years I spent months away from the UK and couldn't apply for the citizenship due to the restrictions of 270 within the last 3 years, 90 days within the last 12 months. I could have applied for the citizenship in 2011. We were told we could hope for discretion in my case with documents provided from the hospital where my mum had been treated but that it was in no way certain the Home Office would apply it. I know the heavy financial burden that comes along with it, but maybe officially translated documents from the hospital/doctor verifying your wife's father's physical condition might help, should you choose to ask them for reconsideration.

Good luck!

[milan69]

Suga, sorry to be asking this again. Did your wife in her application apply for discretion regarding her absences?

[suga]

Thanks for all comments and good wishes .
Yes we ticked 6.7 and gave a reason as her father illness however we didnot supply any medical evidence which we will do now for a reconsideration.

But i still dont understand guide AN The reuirements booklet page 7
Where it says

"Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years."

Is it "up to 450 days " in 3 years or in 4 years .?

[t123456789]

It's 450 days in 4 years. What was your wife's longest absence? Was she ever away for more than 180 consecutive days over the last 4 years?

[suga]

No she doesnot have 180 days . Her maximum stay is 75 days in the last 3 years.

[t123456789]

Sorry, I'm out of ideas. Maybe the case worker was in a bad mood on the day. Not sure why they wouldn't think your wife doesn't qualify for discretion.

Do you have any children in the UK? That would be another grounds for appeal.

[suga]

Yes . we have a son 3.5 years old . He's holding a british passport. He's in kindergarten now but will start normal school this september.

[milan69]

I am afraid that illness of your wife's father is not relevant to HO and to the law and in that respect they are not obliged to grant her approval.
In order to have a discretion approved you need to state that you have made UK your home, together with your family and that you have majority of your estate here . With no disrespect but your personal problems are not relevant to the application for naturalisation and that is how HO see is it.
The question is if you can change something by appealing.
The other solution is to wait another year when your wife can apply based on 5 years residence.

[milan69]

Hi Suga,
Just wanted to see if you have appealed?