Refused BC

[cran]

Hey everyone

Was wondering if anyone has any advice/help for myself and my wife.

My wife's BC application recently got denied, due to the fact the officers aren't satisfied as she has failed to demonstrate links with the UK through her 'qualifying period' - "through presence of family, establishment of home or substantial part of her estate".

It doesn't make sense at all, we even gave bank statements from 2013 - 2018, tax payments throughout the years, doctors appointments for proof of address you name it we gave it to them.

We've been married since 2011, she has been working since then so paying taxes etc. The only family I have is my mother, we stay in our family home. We went travelling in 2016 to 2017 away for 443 days, 450 is the max? They said discretion was applied.

They said we can apply again in 2020, so my wife would have been living and working here for over 8 years.

Any advice on what we should/can do?

Any help much appreciated

[secret.simon]

We went travelling in 2016 to 2017 away for 443 days, 450 is the max?

What were the absences in the year immediately preceding the date of application?

[cran]

We went travelling in 2016 to 2017 away for 443 days, 450 is the max?

What were the absences in the year immediately preceding the date of application?

Thanks for replying

We applied in Feb 2018 so 443 days from traveling, they gave my wife a 4 year QP.

2014 total of 26 days holiday.

2013 total of 13 days holiday.

[secret.simon]

We applied in Feb 2018 so 443 days from traveling

How many absences between February 2017 and February 2018?

[cran]

We applied in Feb 2018 so 443 days from traveling

How many absences between February 2017 and February 2018?

Thanks again

145 days between Feb 17 & Feb 18

got back 02/07/2017 applied 07/02/2018

[secret.simon]

What is your status in the UK?

Your wife has substantially exceeded the 90 days in the year preceding the application, so the refusal cannot have come as a complete surprise. The Home office also takes the view that as the applicant already has ILR and therefore leave to remain in the UK, the applicant won't suffer if citizenship is declined. Is there any reason why your wife didn't wait till July this year?

[cran]

Sorry, I should have said

I am a British Citizen, also my wife obtained ILR in Oct 2017.

No reason really, I was thinking it would be ok to apply again in July, but I don’t know why they have said wait until 2020?

[secret.simon]

my wife obtained ILR in Oct 2018.

Presumably you mean October 2017?

[cran]

my wife obtained ILR in Oct 2018.

Presumably you mean October 2017?

Indeed, sorry updated my reply.

[secret.simon]

I take that back. Your wife may best wait till atleast October 2018, one year after the grant of the ILR and apply under Section 6(1), i.e. a normal application rather than one under Section 6(2) as the spouse of a British citizen.

If she applies under Section 6(1), then she will meet the 450 days in five years absence. Make sure that she was physically in the UK in October 2013.

Section 6(2) - spouse of a British citizen - allows absence of 270 days in the last three years, which your wife will almost certainly have breached as well.

I suggest reapplying in October 2018. Not sure why the Home Office would suggest 2020 myself.

And from now on, try not to travel until your wife gets her citizenship.

[cran]

I take that back. Your wife may best wait till atleast October 2018, one year after the grant of the ILR and apply under Section 6(1), i.e. a normal application rather than one under Section 6(2) as the spouse of a British citizen.

If she applies under Section 6(1), then she will meet the 450 days in five years absence. Make sure that she was physically in the UK in October 2013.

Section 6(2) - spouse of a British citizen - allows absence of 270 days in the last three years, which your wife will almost certainly have breached as well.

I suggest reapplying in October 2018. Not sure why the Home Office would suggest 2020 myself.

And from now on, try not to travel until your wife gets her citizenship.

Ah no way I didn't know you could apply under a different section? That would make more sense then yes!
Would we add that to the form or inform them we would like to apply under section 6(1)?

Thank you so much for taking the time to reply, really appreciate it

[cyclina1]

I take that back. Your wife may best wait till atleast October 2018, one year after the grant of the ILR and apply under Section 6(1), i.e. a normal application rather than one under Section 6(2) as the spouse of a British citizen.

If she applies under Section 6(1), then she will meet the 450 days in five years absence. Make sure that she was physically in the UK in October 2013.

Section 6(2) - spouse of a British citizen - allows absence of 270 days in the last three years, which your wife will almost certainly have breached as well.

I suggest reapplying in October 2018. Not sure why the Home Office would suggest 2020 myself.

And from now on, try not to travel until your wife gets her citizenship.

I think the caseworker just use section 6(2) to determine her leave, such only until 2020 she can satisfy.

[cran]

I take that back. Your wife may best wait till atleast October 2018, one year after the grant of the ILR and apply under Section 6(1), i.e. a normal application rather than one under Section 6(2) as the spouse of a British citizen.

If she applies under Section 6(1), then she will meet the 450 days in five years absence. Make sure that she was physically in the UK in October 2013.

Section 6(2) - spouse of a British citizen - allows absence of 270 days in the last three years, which your wife will almost certainly have breached as well.

I suggest reapplying in October 2018. Not sure why the Home Office would suggest 2020 myself.

And from now on, try not to travel until your wife gets her citizenship.

I think the caseworker just use section 6(2) to determine her leave, such only until 2020 she can satisfy.

Yeah it looks that way

What I didn't understand is why they only said about not making links here and establishing a home and family, as we've been in the same home since 2011.

[srivisaN]

Hi Cran,

Are you planning to apply in Oct 18, based on section 6(1) ?