Absent for 740 days in the last 7 years & 7 months

[kaushik123]

Me and my son having British Nationality on 18 Dec 2013,
My wife having 740 day absent from from UK

She got HSMP visa on 1 Dec 2006
She got ILR on 1 May 2012

Till date in uk 7 years an 7months and having 740 days absents.

In 7 Yeras she have 6 trips, following trip having more days,
1) While birth of child (360 days)
2) Baby is not well in UK So for medial treatment (250 days)


Can u pls guide is she can apply for Naturalization.

[milan69]

For absences over 730 days you should be UK resident for at least 8 years.

Page 7-8:
https://www.gov.uk/government/uploads/s ... let-an.pdf

[kaushik123]

Hi Milan,

Thx for you reply.

One more question: As you suggested she can applied after 8 years.
About : knowledge of English
1) While applying for ILR she given LIKE IN UK EXAM and submitted with ILR application.

Do she have to give ESOL exam when applying for Naturalization.

[milan69]

Have in mind that your wife will have to apply for discretion and also take in account absences in the final year.
She also need to pass English test in addition to Life in UK she already has passed.

[kaushik123]

Hi Milan,

Can i get more info about "have to apply for discretion", does any website.

Thank you

[milan69]

I was absent for 120 days in the final year and I've applied for discretion and got my approval withing 8 weeks.
Couldn't find better info for now but maybe this might help:

http://www.findlaw.co.uk/law/immigratio ... 30518.html

https://www.gov.uk/government/uploads/s ... pter18.pdf

[kaushik123]

Hi Milan,

Thanks for you help,
Last question, My wife only have 30days absents in last 2 years. Do she still need to apply for discretion.

Thx

[milan69]

Even if you were not absent for a single day in the final year and yet you had more than 450 days of absences in the final 5 years, you have to apply for discretion.
If you prove that you have made UK your home, together with your family as well as having large part of your estate here than it should not be a problem, providing the number of absence fall within allowed limit.
Having said that, it does not mean the approval is guaranteed.