Help needed for Long Residency for my cousin

[Mak9878]

Hi everyone,

I have created new topic as my previous topic is locked (indefinite-leave-to-remain/help-needed- ... 49847.html).

And I am writing on behalf of my cousin because she is unable to reset his password for ID= Sat79$ on this forum (indefinite-leave-to-remain/absence-conf ... l#p1944416) and she is not getting any password reset link from immigrationboards.

Basically she wanted to ask urgent question after a visit to solicitor as follows in direct speech:

"I am due to apply for ILR on the basis of 10 years. My husband is naturalised British.

My question are as follows:

1) I have been away backhome from Oct 2014 to August 2015 in one trip for my baby delivery (pregnancy) nearly total 307 days absent (exceeding 127 days as per 180 days rule). But after visit to solicitor, he said for maternity/pregnancy related absence can be exempted on discretion basis? Is it true?

2)After my ILR approval, can I and my two children (they are on spouse route dependent) directly apply British passport straightaway on the basis of British naturalized spouse or do we need to wait 1 year then apply for naturalisation first?

3) how long does it take or how much is the processing time?

4) is there any priority service available on 10 years route.

Solicitor qouted me following rules from his website as follows and I am not mentioning any site and solicitor name:

Discretion for breaks in lawful residence:

UK Visas and Immigration retains a discretion to waive breaks in lawful residence. ILR may still be granted, on a discretionary basis, where an applicant:

--> has one or more short gaps in lawful residence through making one or more previous applications out of time by no more than 28 calendar days; or

--> has a single longer gap in lawful residence through making a single application more than 28 calendar days out of time, provided that there were exceptional reasons such as a postal strike, hospitalisation or an administrative error made by the Home Office.

In either case, the applicant will need to meet all the other requirements for lawful residence and have otherwise acted lawfully throughout the whole 10 year period and made every effort to obey the Immigration Rules.
------------×××××--------------

To conclude, solicitor has advised her she can apply ILR-LR in this month on discretion basis having one long gap as mentioned from reputed solicitor website and it may be mentioned somewhere in rules.

Could you please help her out on this.

Thanks

[CR001]

1. No, pregnancy absence is not an exemption. The solicitor is wrong. She doesn't qualify for ilr LR with such a long absence.

2. Children born abroad also require ilr first. Once she and children have ilr and she meets the requirements, they can apply for citizenship immediately. Note that set LR does not permit dependents to be included in the application.

3. It can take up to 6 months.

4. Not at the moment no.

[Mak9878]

Thanks Cr001 for your valuable input.