876 Days since June 2006

[amoghdhamankar]

Hi All,

Thanks for this very informative forum. I wanted to raise a question on this forum regarding Naturalisation application for my wife.

Background -
1) I am British National through Naturalisation
2) Wife and elder daughter (born in India) granted ILR in June 2011
3) Younger Daughter (born in India) granted ILR in Nov 2012
4) Me and my wife own house since Nov 2008 and have joint bank accounts in UK
5) Wife Absentee details since 2006
04-Jun-06 Entry - UK
25-Aug-06 28-Aug-06 3 Swiss Holiday
27-Nov-06 07-Jan-07 41 Holiday - India
14-Oct-07 18-May-08 217 Birth of 1st Daughter
21-Oct-08 23-Dec-08 63 Family Breaverment - Father's demise
12-Oct-09 15-Nov-09 34 Holiday - India
24-Mar-11 05-May-11 42 Holiday - India
15-Dec-11 04-Apr-13 476 Birth of 2nd Daughter and Family Wedding
Total Days = 876

Questions -
1) Can I apply as married to British Citizen or a separate application?
2) Can I apply for my wife's Naturalisation (AN Form) now as she has been in UK for more than 12 months with no absentees? Will 877 days in 8 years be an issue?
3) If the answer is NO to Q1, then when can I apply?
4) If it takes a while for my wife's application, can I apply for children Registration (MN1 Form) under section 3(1) (both born in India)?

As always any guidance much appreciated

Thanks,
Amogh

[CR001]

Questions -
1) Can I apply as married to British Citizen or a separate application? She should apply in her own right based on 5 years residence, unless her absences in the last three years are not more than 270 days, which they clearly are.

2) Can I apply for my wife's Naturalisation (AN Form) now as she has been in UK for more than 12 months with no absentees? Will 877 days in 8 years be an issue? Yes, she can apply on the basis of 5 years residence provided she was physically presented in the UK in 2009 on the same date that HO receives her application and also provided that her absences in the qualifying 5 year period (counting backwards from date of application) are not more than 450 between 2009 and 2014. Naturalisation is based on the 5 years immediately preceding the application, not the 8 years in her case. She could also ask for discretion as her absences are above the limit or wait until her absences for the qualifying period are within the limits.

3) If the answer is NO to Q1, then when can I apply? She can apply as long as her absences are within the limits based on 5 years residence.

4) If it takes a while for my wife's application, can I apply for children Registration (MN1 Form) under section 3(1) (both born in India)? Should be ok to apply as you are already British and your wife is settled, a moderator can perhaps confirm.

As always any guidance much appreciated

Thanks,
Amogh

A point to note is that she must apply, you can't apply for her. She also needs LIUK and English level B1 test certificate to apply for naturalisation.

[amoghdhamankar]

Many thanks. Any further guidance from moderators?

For 5 years, the total absentism in 552 days. It looks like I may have to wait to bring it down to 480 days.

[Amber]

See also, 4. Excess absences in the 5(3) year qualifying period (click).

[milan69]

I had to apply for discretion as my absences in the final year were 120 days. You need to state that you made UK your home, that you have your family here and that large part of your estate is in the UK.

[amoghdhamankar]

Many thanks all...
@ Milan.. were your absentees work related? My wife is home maker and hence she doesn't claim work as a reason for being outside of UK

[milan69]

My absences were work and leisure related and I was not employed by UK based company which would have helped me.
I don't think it is important if your wife is home maker as being employed is not a requirement. In my opinion the fact that she has established a home in UK with her family is an important matter.

[amoghdhamankar]

@ Milan... many thanks...
Any suggestions on reduction of absentism from 550 days to 480 days? How do we calculate the absent days? Cause, by the end of reduction to 480 days, my wife would have stayed 2 years more and she could be eligible for 3 years married to British National... bit confused with the calculation now...

As always help appreciated....

[milan69]

You probably are aware that you don't count the day you departed and the day you arrived in the UK.

[amoghdhamankar]

5 years from today is 12 May 2009

In these 5 years, there are 3 absentees
1) 34 days - 12-Oct-2009 15-Nov-2009
2) 42 days - 24-Mar-2011 05-May-2011
3) 476 days - 15-Dec-2011 04-Apr-2013
Total = 552 days

So to reduce from 552 to 480 days, do I have to wait for another 72 days for my application? i.e. apply sometime in Aug 14 / Sept 14? or wait till the absentees get eradicated from the table all together i.e. sometime in May 2016. Hence the confusion over the calculation of absent days.. hope my query is clearer...

any help is much appreciated...

[milan69]

You would have to wait until 2016 to have 479 days absent in the last 5 years.
I am almost certain that your wife should not have a problem if she does apply for discretion for having absences over 480 days, especially as she is here since 2006 which is 8 years and she would be tolerated to have absences up to 730 days.
Please see page 7-8:
https://www.gov.uk/government/uploads/s ... let-an.pdf

Discretion does not guarantee you a positive outcome as it is up to the case worker to decide, but they follow certain rules and as far as I can see your wife meets them all.