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Help with citizenship

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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sandy123
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Joined: Mon Mar 21, 2011 2:23 pm

Help with citizenship

Post by sandy123 » Mon Mar 21, 2011 3:06 pm

history...

I got married and came to UK in June 2007 with my husband who was already living here on HSMP. I had to go back to my home country for the birth of our daughter from June 2008 to May 2009. After that I have been living here in UK with my husband and daughter. In Oct 2009, my husband who was eligible for ILR applied for the whole family we and we all got our ILR. Last year in october(2010), My husband and daughter applied for citizenship and they got it. Now, it is time for me to apply for citizenship.. given my absences(~410), I cannot apply immediately as my absences from UK are more than the stipulated one. I do have 1 year on ILR and have settled here permanently. I want to apply for citizenship in June 2011, 4 years after I first landed here, 4 years specifically because, it allows me upto 450 days absence from UK. My questions are :

1. Will the discretion hold in my case ?
2. Do I have to wait till the specific date I landed here in June 2011 to apply ?
3. Has anyone here been through this kind of scenario and successfully got it ?
4. I am planning to use the NCS service, will the NCS case worker give a definite yes/no about my application or just take a guess and send my application through?
5. Will the fact that 2/3 of the family is already british help my case further ?

I have read through some of the posts which popped up on my search criteria , but, none of them are specific to my case. If it has been discussed already, then, my sincere apologies, please direct me to that post.

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
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Post by geriatrix » Mon Mar 21, 2011 3:26 pm

If you wish to apply for naturalisation as spouse of British citizen, then the number of absences in the 3 years preceding the application must not exceed 270 days (assuming other requirements being met).

If you wish to apply for naturalisation in your own right to take advantage of the "450 days absences allowed", then you must wait until June 2012 (i.e. until you have lived in the UK for 5 years).
Life isn't fair, but you can be!

sandy123
Newly Registered
Posts: 5
Joined: Mon Mar 21, 2011 2:23 pm

Post by sandy123 » Mon Mar 21, 2011 3:48 pm

Thank you.
I am aware of that rule, what I meant was the interpretation of the following rules implemented during absences discretion..

****************************
We normally disregard absences of up to 300 days.
If you have been absent for between 301 and 540 days, we will disregard this if you meet all the other requirements and have established your home, family and a large part of your estate here. We would also expect that:
for absences of up to 450 days, you have been resident in the UK for the past four years; or
for absences of more than 450 days, you have been resident in the UK for the past five years; or
the absences occurred because you were serving abroad in Crown service or because your husband, wife or civil partner was serving abroad in Crown or designated service; or
the absences were unavoidable owing to the nature of your work - for example, because you are a merchant seaman or you work for a UK-based business which requires frequent travel abroad; or
there are exceptional or compelling reasons of an occupational or compassionate nature, such as having a firm job offer for which British citizenship is a genuine requirement.
*******************************************
The one of interest to me is the <450 one using which I can apply after 4 years., but ofcourse its at the discretionary powers of the HO. I do qualify all the other requirements + the rest of the family is british. Any thoughts on this specific scenario ?

geriatrix
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Post by geriatrix » Mon Mar 21, 2011 3:53 pm

sandy123 wrote:have established your home, family and a large part of your estate here.
If you provide evidence of the above and request for discretion to be used, then in line with the instructions, discretion should be in your favour.
Life isn't fair, but you can be!

sandy123
Newly Registered
Posts: 5
Joined: Mon Mar 21, 2011 2:23 pm

Post by sandy123 » Mon Mar 21, 2011 4:21 pm

thanks.. that answers the first of my question from the OP.

1. Will the discretion hold in my case ?
2. Do I have to wait till the specific date I landed here in June 2011 to apply ?
3. Has anyone here been through this kind of scenario and successfully got it ?
4. I am planning to use the NCS service, will the NCS case worker give a definite yes/no about my application or just take a guess and send my application through?
5. Will the fact that 2/3 of the family is already british help my case further ?

If someone here has been through the same scneario, i will be interested to know their experiences.

AFAIK, i can provide proofs for our house mortgage, hubby working here for all these years , bank details etc to show we are here for good.. frankly speaking, i dont know what else, if at all, has to be provided.

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