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Hello. I entered the UK on HSMP EC in January 2004. I applied for and was granted ILR in September 2009. I then had to leave the country for eight months because of my mother's health. Therefore, I have been out of the UK for well over 90 days in the year prior to applying for citizenship. However my total absences over the five-year period are still under 450.

Has anybody had experience with applying for citizenship under similar conditions? What are my chances that they will disregard my excess absences in the final year for "compassionate reasons"? I cannot find anything in the literature (or these forums) that indicates what these compelling compassionate reasons may be.

Thank you for any insight and advice!

What evidence can you provide for the mentioned "compassionate reasons"? That they were compelling, that you could not return to UK before the 90 days limit, that there was no one else to take care of her in your home country, etc.

IMHO, eight months is too long a time to be ignored .. when compared with a 3 month limit!

See Section 5 - Excess absences in the final year



regards

Thank you so much for your kind reply.

I could get a note from my mother's doctor, but I suppose it all depends on the caseworker.

The only thing I think may help my case is that I fall under the HSMP Judicial Review -- so I really should have had ILR since January 2008. Unfortunately, I only found that out this week and have written to my caseworker in the hopes that she will issue the required letter.

Do you think if I have this letter I stand a chance that my excess absences in the final year will be disregarded -- given I spent 5.5 years in the UK with only 165 absences?

Would have thought you'd be better to wait until ~February 2011 (assuming you were in the UK in 5 years prior to that date) when your absences in the final year will be less than 3 months.

It all depends on what evidence you can provide to prove "compelling" compassionate circumstances that forced to stay out of UK for almost 8 months.

The issue here is not the illness or the seriousness of it, but why you had to stay outside for more than the permitted time period and why couldn't you return. That is what you'll have to prove!

I hope you get a back-dated ILR letter from UKBA, which should solve your problem.


regards

djb123 wrote:Would have thought you'd be better to wait until ~February 2011 (assuming you were in the UK in 5 years prior to that date) when your absences in the final year will be less than 3 months.

I agree with above post.

You can take your chances, but your case might take that long to decide anyway. In Feb 2011 it will be a straightforward case.

I'm not sure if the HSMP Judicial Review will help you. It is risky. You can appeal that had they sent you the backdated ILR letter in Sept 2009, you would have applied for citizenship the next day. The negative points - The judgement was released one year ago. And even the Set(O) form you used in Sept 2009 had a box referring to it, they can argue that this information was all published and available to you.

Good luck whatever you decide. Personally, I would wait until Feb. when you will have met the final year requirement.

I asked about that box on the form when I was at Croydon, and the person who handled my application at the initial processing desk simply said "It's up to you."

Had I known that a simple tick of that box would have back-dated my ILR, I would have of course chosen that. I would have also thought the caseworker would have told me this, though I understand it was ultimately my responsibility and I should have checked the forums!

Clearly I'm not the only one though, or they wouldn't have published an application for HSMP holders to request such a letter and the one-off payment.

Thank you all for your help. I have another question relating to my situation which I will start a new thread for.

Surely it is easier just to wait for 9 months after you got back to the UK. The application fee is high and why subject yourself to a UKBA discretion, when you don't really need to.

In other words, what is the hurry? Just wait until February next year.

Thanks, John.

I am just worried about the laws changing on us again, and as I have been out of the country I don't want to wait any longer. But I guess I don't really have a choice.

Hi Pixi,

Because you already have ILR, the new laws (which would not be in effect until July 2011) will not affect you. I'm sure there will still be more restrictive changes in the future, but again this should not apply to you.

If you had a very long wait, I would say take the risk. But as John said, in your case, waiting the 9 months would be wiser.

Thanks, bani!

I have posted a follow-up thread entitled "British citizenship and foreign job" since, to complicate matters, I also now have US-based job and am worried about how this might jeopardize my application.

Hopefully you will all be able to share more wisdom on this.