Spouse and Son absence exceed 450 days

[enm1sg]

Hi Firstly we all three got the ILR on Feb2011 .

I came to UK in 2006 on WP and my wife and son used to visit me on holidays but relocated permanatly in 2009 . Since then my family is living here in UK and my son is studying in A level in Grammar school .

Now when we apply for naturalisation of my wife and son in that case total absence in last five year is more than 450 days as we all will apply independantly ( Pl. correct if I am wrong ) . In that case it will effect my wife and son naturalisation application as they have more than450 days absence due to relocating to UK three year after me . I am living and working in UK contioniously since 2005 without any break with absence of roughly 150 days in last five years .

I appreciate your help in advising me .

[Jambo]

Hi Firstly we all three got the ILR on Feb2011 .

I came to UK in 2006 on WP and my wife and son used to visit me on holidays but relocated permanatly in 2009 . Since then my family is living here in UK and my son is studying in A level in Grammar school .

Now when we apply for naturalisation of my wife and son in that case total absence in last five year is more than 450 days as we all will apply independantly ( Pl. correct if I am wrong ) . In that case it will effect my wife and son naturalisation application as they have more than450 days absence due to relocating to UK three year after me . I am living and working in UK contioniously since 2005 without any break with absence of roughly 150 days in last five years .

I appreciate your help in advising me .

I've copied your other post as they are both related:

We along with my spouse got ILR on Feb2011 and our naturalisation appliaction is due on feb2012 . My wife is pragnant and I am thinking of sending her to India for delivery . In that case she will live in India for six months .

In that case can I apply for naturalisation on time in Feb2012 and my sife can apply whenver she comes to UK in April 2012 . Only worry is that she will be out of UK for more than 90 days band and it may create problem for her passport application . Earlier also she joined me two year after I came to UK

I will be obliged if senior members advise and help me out to take right decision so that it would not create problem for her in applying the passport .

If you meet the standard requirements you can apply for naturalisation in Feb 2012.

Your wife does not meet one of the requirements which is to be a resident in the UK for 5 years. She could apply and this is subject to discretion but this depends how many days she has been outside the UK and if she was physically in the UK in 2007 (exactly 5 year before the day you apply). Another option, would be for her to apply once you become BC as the residential requirements for a spouse are 3 years (and less than 270 days out during the period). The downside is the fee as you will pay twice for a single application instead of a joint application (about £400 difference).

How old is your son? How old will he be in Feb 2012?

The 90 days absence you mentioned is part of the standard requirements for naturalisation, not British passport. If you are absent for more than 90 days in the last year prior to your application, your application is subject to discretion.

The best approach would probably be for you to apply in Feb 2012 and your wife to apply later as a spouse of a BC. She should try and minimise her absences in the last year prior to the application.

[enm1sg]

sir

my son DOB 14TH MARCH 1995 and accordingly He will be 17 year old approx. in Feb 2012 .

[Jambo]

He could apply for registration (similar to naturalisation but for minor under 18 year old) using form MN1 when you apply for naturalisation. This is subject to discretion by the HO and it is expected that he has been a resident in the UK for 2 years before applying.

[khaweriba]

Hi

I am on the same boat. My wife has over 450 absences in last 5 years and less than 90 absences in last one year. We got ILR in June 2009. and I am citizen now.

The requirements for spouse being British Citizenship the total number of absences in last 3 years is 270. That my wife also fails to do.

But my wife has reasons to stay outside UK for that long. First, the birth of my two sons (2007 and 2010) and then hospitalization of my elder son (2009-2010). The question is..Are these reason good enough that they will give my wife a discretion.

I would appreciate replies.

Best regards,

MKI

[enm1sg]

Sir

I am just thinking of scenario , If we all three apply together in Feb 2012 and in case my wife and son application is unsucessful because of more than 450 days absence and I got the BC ( My case is straightforward with only 150 days absence ) . Then Result of this failure will effect the outcome of the application of my wife as spouse of BC with absence within 270 days in last three year .

Your help is precisious for me

Regards

[geriatrix]

On what date did your wife first arrive in the UK?

[geriatrix]

my wife and son used to visit me on holidays but relocated permanatly in 2009.

The she cannot apply with you in 2012 ... as she may not yet have completed the "5 / 3 year qualifying residential period" in Feb 2012.

List the dates of her arrival and departure dates, since she first arrived in the UK in 2006 - so that we know whether or not she will be eligible to apply for naturalisation in Feb 2012.

[John]

enm1sg, why will your son's application be unsuccessful? After all he will not be applying for Naturalisation will he! Instead as a minor he will be applying for Registration as British under section 3(1). The qualifying conditions for that are totally different.

As long as he has lived in the UK for at least two years, and does not have a nasty criminal record (!), there is no reason to think that his application will be unsuccessful, as long as at least one of the Naturalisation applications by you and your wife are successful.

In particular your wife's Naturalisation application, do not overlook that an applicant for Naturalisation must have been in the UK at the beginning of the qualifying period. UKBA have no discretion about this particular rule.

[Jambo]

Your son is not subject to the 450 days requirement. If you are approved, your son is likely to get approved also.

The implication is just the loss of the fee. One more thing you can do (and it did work for some cases), is to write in a cover letter that you wish your wife case to be considered after yours and to be considered as a spouse of BC (if you are successful). This is undocumented option but there have been several members who got approved this way. This way you still pay the cheapest option of joint application but using the spouse requirements.

Anyway, how many days of absence are we talking here?

[enm1sg]

Sir

Following is the approximate detail of absence of my wife

First Arrived in UK in May '2005 for = 2 month
2006 = Absence 10 Month
2007 = Absence 9.5 Month
2008 = Absence 9 Month
2009 = Absence 1 Month
2010 = Absence 1 Monh
2011 = Absence 1.5 Month

Absence in Last three year = 3.5 M = 3.5*30 = 105 Days
Absence in last five year = 24 Month = 24*30 = 720 Days

Between 2005 TO 2008 My wife was living in India becuase of my son education then we decided to relocate permanatly to UK in 2009 and since then We are living here so less absence for my wife

I appreciate your kind help in this matter

Regards

[John]

Based upon that data, if I were you I would apply for Naturalisation for you, and Registration for your son, soon after you have had your ILR for one year, sometime in February 2012 (assuming you were physically in the UK five years earlier), and then after you are a British Citizen your wife can make a 3-year application as your spouse. But again, because she was outside the UK for a month in 2009, do make sure that she was in the UK exactly 3 years before UKBA will receive her Naturalisation application.

[aceg135]

I am in a similar position as the OP.

Per John's suggestion - is it possible that the OP applies as a joint application, but asks for the wife's application to be considered as a 'spouse' application after his application has been dealt with?

This can result in some cost savings?