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Absent from the UK-Effect on Naturalisation Application

Posted: Wed Aug 15, 2012 8:57 am
by samrat_g
I have a settlement visa (ILR) for the UK. My wife and son have the same on their Indian Passport. By the end of this year, I will be eligible to apply for Naturalisation and British Passport.

I have been in this country for more than 5 years, fully employed, absent from the country only 200 days. Hopefully, I will be able to fulfil all the standard requirements for citizenship.

My son was born in India in 2010. I hope my son will also be eligible along with me, since one parent has an ILR and another parent is eligible for Naturalisation.

This post is regarding my wife absences and effect on Naturalisation.

My wife came to this country in 2008. She has been in-out of this country for various reasons (child birth, holidays). At present, her total days of absent are 469.

If my Naturalisation application is approved then her residency requirement will change to 3 years. She will complete 5 years of residency in August 2013.

If she put her application before August 2013, is there any chance for discretion on her application considering the number of absences?

If she put her application after August 2013, then she will fulfil 5 years of residency in this country but her days of absent will increase to 515 days (because she might go to India again before her application). Any chance with 5 years of residency?

Can anyone give some suggestion on the likelihood of getting citizenship.

Posted: Wed Aug 15, 2012 10:40 am
by Glc
Discretion is exercised provided that your wife meets certain requirements. You may read through this first as I don't know how her absences are (and will be) spread out throughout her entire residency:

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

Posted: Wed Aug 15, 2012 1:37 pm
by samrat_g
Thanks Glc for your reply and posting the document regarding discretion.

Most of her leaves are for short duration(max-90 days) except the longest one (due to her pregnancy), which was for a year.

Any success story with a similar situation?