Residential requirements and special circumstances

[kittykat]

Hi all,

Firstly thanks for your contribution to these forums, I have found them really useful during previous applications.

My question relates to naturalisation. I was intending to apply in 2014 and I had all the dates planned out. However, due to family illness I have had to leave the UK and I am now worried that I can’t meet the residential requirements so I am asking for advice/alternative suggestions.

Here are my key dates:
June 2006 - arrived in UK on Ancestry visa (Australian passport)
10 April 2009 - was in the UK
27 July 2011 - granted ILR
28 July 2012 - eligible for naturalisation (but did not apply)
18 October 2012 - 6 May 2013 - in Australia (199 days)
21 August - 27 September 2013 - in Australia (36 days)
16 December 2013 - 13 (TBC) January 2014 - in Australia (27+? days)
9 April 2014 - planned to submit my application

I referred to the residential requirements (in BN7 http://www.ukba.homeoffice.gov.uk/sitec ... rs/bn7.pdf). I meet all the requirements other than (b) and (c) (copied below)
b. in that five-year period, he or she was not outside the United Kingdom for more than 450 days
c. in the last twelve months of that five-year period, he or she was not outside the United Kingdom for more than 90 days)

I ordinarily live in the UK and intend to settle there. But in August 2013 my mother was diagnosed with terminal cancer and I flew back to see her. Of course I want to do as much as I can to help her and my family, but I am worried that I may risk my citizenship application. I am concerned that my visits in August and December 2013 will mean that I won't meet the 90-day requirement, and may also exceed the 450 day requirement (I have had other trips outside the UK, currently up to 327 days). I want to apply as soon as I am able as I don't feel comfortable on ILR, I want citizenship given I have lived in the UK for 8 years now. I am asking for information and advice to help me plan the length of my stay in Australia.

My questions are:
1. I understand that I can apply to the Home Secretary to make an exception to the rules for special circumstances. Can anybody tell me whether these are generally successful? What evidence would I need to provide?
2. Will it prejudice my application that I don’t have a permanent job in the UK (I am on a fixed term contract)?
3. A stupid question, but if the circumstances mean that I am still in Australia come April 2014, can I apply from here?

Thanks in advance for your help, it is very welcome.