vms wrote:Hi noajthan,
I met a solicitor to explain my case and to see the confidence level about my case.
As per him,
1. Even if my husband gives his original passport/naturalization certificate to me, I will not be able to qualify for the 3 year stay route being spouse of British citizen. He says, that 3 year route will only be applicable if my husband is British by birth and not through naturalization otherwise, he must have had British Citizenship/ILR by the time I first entered UK. As he came to UK with Tier 1 visa and I came here as Tier1 dependent, and later my husband became British citizen through naturalization, I wont qualify for this 3 year route. This seems surprising to me as I have not read that type of rule anywhere. Do you agree with him? Anyone else has any thoughts on this point?
2. Also he says that, to go with 7 year route with discretion request, it is very hard to show convincing reason for the long absences and most likely they will not give discretion so easily. So now I am in big dilemma whether to go ahead with application or not. My absence is due to me being away as I needed help from my parents to take care of my 11 months old son that time. But I need advice on how to prove that as a strong reason apart from writing the same in cover letter. Any thoughts on how to prove this will be of great help. I got my appointment on 19th Feb with NCS.
Thanks,
vms
1) In my opinion & according to my understanding of this area: Totally incorrect
It does not matter how the BC became a BC.
Once a person is a BC and if you are married to them then you are the spouse of a BC.
2) Yes, you will be in the hands of the caseworker & HO rules on discretion in this area.
All you can do is write the facts as they are & were at the time;
for example: first-time child, cultural factors/close family ties etc.
One thing in your favour is it was clearly a one-off absence & it was several years ago - it didn't happen last week.
Since then, you can explain, you have been building life & career & ambitions in UK.
Otherwise, see 1.