Our client, Dr W, is a Sri Lankan citizen. She came to the UK as a student and later on secured an employment in the UK. Due to the nature of her employment and the work she was carrying out, she had been required to travel and carry out work outside of the UK on regular basis. This had resulted in our client accumulating more absences from the UK than is acceptable under the residential requirement rules for the application for naturalisation as British Citizen.
Our client approached OTS Solicitors seeking advice on the requirements for naturalising as British citizen and the chances of success of such an application, considering her particularly difficult circumstances. After the initial consultation with Dr Lusine Navasardyan, where the client received comprehensive Immigration advice on the requirements for naturalisation as British citizen and in particular, the points of difficulty of her case –the excess absences, our client was encouraged to apply for naturalisation. Our client was advised that there were arguments in support of her case and received a thorough explanation on how we intended to tackle all the issues in her application.
Grounds of a successful application
Upon the application being submitted, no issues were encountered in meeting the general requirements, except that in the last five years she had considerably more absences than the allowable amount. What was even more important, she had excessive number of absences in the last 12 months before the application. This would have usually resulted in an decision to refuse the application under Paragraph 4.1.2 of the Nationality Instructions, Annex B. However, we addressed this issue within our legal representations arguing the excessive absences where unavoidable due to the nature of her career, and that her work was extraordinary beneficial to the UK. We have relied on the desertion vested in the Secretary of the State to waive certain requirements to be met when applying for British citizenship We further worked with the client to aid her in gathering the necessary evidential support for our arguments in the legal representations. On these grounds, and coupled with the appropriate evidence collated and presented within our representations, our client’s case for British citizenship was successful.
This case was a success due to the application carried out by OTS lawyers
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Posted on: Tuesday, 26 July, 2016