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 100 disregardable days.

It was temporary absence in that, she went to deliver our baby in Germany. There were complications and she couldn't return 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. She obviously returned afterwards but... now we have this long absence. Could her 134 days outside the UK be disregarded based on the fact that it was merely for giving birth?


Thanks!

[Terpe]

Looking at the UKBA guidance I do not see any major problems:-

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months.

And the total number of days absence for the whole 5 year period should not exceed 450. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3 year period should not exceed 270.

There is discretion to disregard absences in excess of the limits.

The circumstances in which discretion would be exercised are:-

Normal permitted absences in final 12 months of your qualifying period = 90 days
Total number of absences normally disregarded..................................= 100 days

Total number of absences normally disregarded
only if all other requirements are met
and
you have demonstrated links with the UK
through presence of family,and established
home and a substantial part of your estate........................................= 101 days - 179 days

[Arthur Little]

Based on the timeframes that my friend has provided, I cannot envisage any problem(s) arising from your wife's [unavoidable] prolonged absence ... especially in the light of the circumstances you've explained - and, not least, the fact that she gave birth in a neighbouring EU country. to our friendly filipino/uk site ... and goodluck with her application for British Citizenship when the time comes.