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Hi everyone,

I'm trying to decide whether to apply for citizenship through either the 3 or 5 year routes. I have searched the forums, but I'm still not sure if I understand some things correctly.

I have lived in the UK since the 4th of November, 2003 on an ILR visa gained by marriage to a British Citizen. My husband is currently living and working in an EU country, we are separating amicably and he said that he will help me with my citizenship if needed. However, I would prefer to apply independently if possible.

I lived with him in the EU country for 10 months starting the 27th of November, 2011 and then after spending 4 months in America with my family I moved back to our house in the UK on the 7th of January, 2013. I visited the UK twice during this time and my passport was stamped both visits. We've owned the house since 2008 and the majority of our estate is in the UK. Has my time abroad broken my residency or would I be okay because the house and estate are still in the UK?

I am unemployed, I have no NI number or claimed any benefits and I will be going to school and living on savings for the next few years, would the Home Office consider this being "self-sufficient" if I go the 5 year route? Or would I be more likely to be approved if I apply as a spouse and show them proof of our joint bank account?

My time out of the UK for the past 3 years is 451 days, 5 years is 467 days, and the past year is 32 days.

Would the above house/estate be enough for a discretion as I am well over the 3 year absence limit?

Any help would be greatly appreciated.

Because of this :

past 3 years is 451 days

your application on the basis of 3 years spouse of BC would be refused. The absence limit for 3 years is 270 days in the 3 years.

Thank you for the response. To clarify do you think that I wouldn't be granted a discretion because my BC soon to be ex-husband lives in the EU therefore not meeting the "home, estate AND family" in the UK requirement or for some other reason(s) such as putting my future intentions (Chapter 18 Annex F) in doubt?

In Chapter 18 Annex B it says:

"Total Absences of up to 900 (540) days - consider disregarding only if the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here. We should also expect:
a. at least 2(1) years residence (without substantial absences) immediately prior to the 5(3) year qualifying period. If the period to be disregarded is greater than 730 (450) days, the period of prior residence should be at least 3(2) years

Could anyone please answer another question?

The absence limit for the 5 year route is 450 days and I'm 467 days, 17 days over. The discretion guide says "Absences totalling 480 days - normally disregard."

Do you think a discretion may be accepted as the rest of my application is in order or should I wait until next year? It would take me until July before I am under the limit if I don't travel to the US to see my family for Christmas.

I don't think any can guarantee a 100 % positive outcome since when you apply for discretion it is up to the judgment of the case worker. One one hand you have to have established a family in UK when applying for discretion but on the other hand HO should disregard absences up to 540 days.
Do you have children living with you?

Hi milan69, thank you for your response. We don't have any children so I have no established family here and my husband will continue on living in the EU for the foreseeable future. It appears that my only option is to apply on my own merit in that case, but does the "established family in the UK" discretion for being 17 days over apply for the 5 year application route too?

I think it applies both to 5 year route.
Page 7-8:
https://www.gov.uk/government/uploads/s ... let-an.pdf

It also says to disregard absences totaling 480 days.