Outside the UK over 101 days...

[asogut]

We are about to apply for British citizenship for my wife, who meets all requirements... except the fact that she was outsite the UK for 134 days in the last 12 months - going beyond the disregardable 100 days.

It was temporary absence in that, she went to deliver our baby in another EEA country. There were complications and she couldn't return to the UK earlier making her last (single) trip 89 days. Would that be a problem? During this time we had our rented flat in the UK, car, bank account and everything else. I stayed in the UK most of the time as I was (and still am) working in the UK. Could her 134 days outside the UK be disregarded based on the fact that it was away merely to giving birth?


Thanks!

[John]

Have a read of this UKBA document, part of the instructions to staff dealing with Naturalisation applications.

In particular read 5.1.2 :-

Total absences of more than 100 days but not more than 180 days where the residence requirements over the full 5(3) year qualifying period are met - consider disregarding if applicants have demonstrated links through the presence here of family, an established home and a substantial part of their estate.

[asogut]

Thanks for the response John. I read that section God knows how many times... but just wasn't sure what exactly is meant and expected by that.

That's why I pointed out that I, as the husband, was in the UK during most of that period, with my job, our home, car etc. all having been in the UK. Is this enough to demonstrate and prove the "links" they are referring to?


In the light of our circumstances and the section you quoted, could my wife's 134 days outside the UK be disregarded? Any thoughts?

Appreciate your input.

[Mazood]

Hello,
just wandered how was the outcome of your application and if you had any problems since you were outside UK for more than 100 days in the last year.