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Days outside UK in excess of required 270 (married to BC)

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Blackbugzy
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Joined: Wed Dec 07, 2016 11:36 pm

Days outside UK in excess of required 270 (married to BC)

Post by Blackbugzy » Thu Dec 08, 2016 12:13 am

Dear all,
I am married to a BC and plan to apply for naturalisation next week.
In the last 12months I was out for only 30 days.
But in the last three years I have been out for 444 days instead of the 270 limit.
I had to make several trips to my home country to take care of my father who had cancer. ( sadly he passed away in January). And since then I have not gone anywhere.
I plan to apply based on discretion.
I meet all other requirements.
Any advice for me?
Has anyone had similar numbers of days out? And what was the outcome?
Thank you in anticipation.

ohara
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Posts: 1826
Joined: Fri Jan 27, 2012 7:00 pm
Location: hiding in a badger sett
United Kingdom

Re: Days outside UK in excess of required 270 (married to BC

Post by ohara » Thu Dec 08, 2016 3:00 am

https://www.gov.uk/government/uploads/s ... r_2016.pdf

See pages 7 & 8.

As this decision is made entirely at discretion, we cannot tell you whether you will be successful or not. I think it would certainly be prudent to write in the additional information section the reason for your excessive absence was due to caring for ill father (exceptional or compelling reasons of an occupational or compassionate nature).

The longer you have lived in the UK, the more weight it should add to your application.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Days outside UK in excess of required 270 (married to BC

Post by noajthan » Thu Dec 08, 2016 9:20 am

You must have been UK 5 years or more to gain settled status.

You can apply under section 6(1) of BNA instead.
That is apply in own right.
5 years residence, 450 days.

Job done.

Ref https://www.gov.uk/government/uploads/s ... r_2016.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Blackbugzy
Newly Registered
Posts: 3
Joined: Wed Dec 07, 2016 11:36 pm

Re: Days outside UK in excess of required 270 (married to BC

Post by Blackbugzy » Thu Dec 08, 2016 10:20 am

ohara wrote:https://www.gov.uk/government/uploads/s ... r_2016.pdf

See pages 7 & 8.

As this decision is made entirely at discretion, we cannot tell you whether you will be successful or not. I think it would certainly be prudent to write in the additional information section the reason for your excessive absence was due to caring for ill father (exceptional or compelling reasons of an occupational or compassionate nature).

The longer you have lived in the UK, the more weight it should add to your application.

Thank you very much for this.
I plan to explain my reasons and back it up with my father's medical records and death certificate. I will also show that since his death ( and burial) I have not stepped out of the UK . Hence having only 33 days out in the last 12 months. I hope this is good enough.
If i go the 5 year route I will still need discretion as my days out under the 5 year criteria will be close to 800.
Thank you all for your help.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Days outside UK in excess of required 270 (married to BC

Post by noajthan » Thu Dec 08, 2016 10:48 am

Blackbugzy wrote:If i go the 5 year route I will still need discretion as my days out under the 5 year criteria will be close to 800.
Thank you all for your help.
In that case you will need to show residence in UK over 7 or 8 years to have a chance.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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