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Can BC Wife apply on 5 years route instead of 3

Posted: Sat Feb 01, 2014 9:30 am
by dr_kzot
hi there i just want to know as a wife of British Citizen can i apply on 5 year instead of 3

My partner naturalized in early week of November 2013. I did not applied as I have got some absences, now I am planning to apply for British Citizenship

List of my holidays in Past Years are

Travel Out Back In Duration Exact Duration
05/10/2012 20/03/2013 166 164
01/09/2012 13/09/2012 12 10
24/12/2011 15/03/2012 82 80
01/10/2011 14/10/2011 13 11
01/07/2011 28/07/2011 27 25
10/11/2010 15/05/2011 186 184
26/12/2009 10/02/2010 46 44

Scenario 01

If I apply on 5 year resident on 17th February 2014 .

I will full fill the criteria that I was in UK last 5 years back 18/02/2009.

My total holidays in 5 year are 474 days

My holidays in the last year will be 31 days= 17/02/2013-20/03/2013

I am in the country from 20/03/13 till now

05/10/2012 20/03/2013 166 164
01/09/2012 13/09/2012 12 10
24/12/2011 15/03/2012 82 80
01/10/2011 14/10/2011 13 11
01/07/2011 28/07/2011 27 25
10/11/2010 15/05/2011 186 184
Total Holidays 474

Scenario 02

If I apply on 3 year resident as a Wife of BC on 17th February 2014 .

I will not able full fill the criteria that I was in UK last 3 years back on 18/02/2011 .

My Total holidays in 3 years are 374 . I have change the date from 10/11/2010 to 18/02/2011

05/10/2012 20/03/2013 166 164
01/09/2012 13/09/2012 12 10
24/12/2011 15/03/2012 82 80
01/10/2011 14/10/2011 13 11
01/07/2011 28/07/2011 27 25
18/02/2011 15/05/2011 86 84
Total Holidays 374

Re: Can BC Wife apply on 5 years route instead of 3

Posted: Sat Feb 01, 2014 10:40 am
by Jambo
Of course. Assuming she meets the requirements she can choose which route to follow. If going for 5 years, I suggest she highlight that on the additional information section (page 15) just to remove any doubt.

Re: Can BC Wife apply on 5 years route instead of 3

Posted: Sat Feb 01, 2014 12:36 pm
by dr_kzot
hi thank you for reply my total holidays are 522 in 5 years time and in the last 12 months only 39

Re: Can BC Wife apply on 5 years route instead of 3

Posted: Sat Feb 01, 2014 9:22 pm
by dr_kzot
please let me know should i go for it i am in the UK June 2008 and i have 522 holidays in last 5 year in the last 12 months only 39
I am going for 5 year route because in my last three years my holidays are more as compare to 5 year 522 days

Re: Can BC Wife apply on 5 years route instead of 3

Posted: Sun Feb 02, 2014 11:18 am
by CR001
It is entirely your choice if you submit an application on the basis of 5 years.

Your absence should be within the limits allowed for the qualifying period.

Re: Can BC Wife apply on 5 years route instead of 3

Posted: Mon Feb 03, 2014 4:31 pm
by dr_kzot
hi so should i apply with 522 days on more than 5 years as i satisfied all other criteria s

Re: Can BC Wife apply on 5 years route instead of 3

Posted: Mon Feb 03, 2014 4:58 pm
by CR001
Read the caseworker guidance, Para 4 on page 6

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Is it worth risking of losing the fee rather than wait a couple of months to apply within the absence limits of total of 450 days in the 5 years and 90 days in the last 12 months??

There is no appeal process for refused applications.