Gap after ILR

[fazkay]

My wife got her ILR in November 2013 and she moved out of the UK in December 2013 and has now returned back to the UK in Jan 2015. There has been an years gap after her ILR. If she stays in the UK this year, would she still be able to apply for naturalization ? keeping in mind the 1 year gap after her ILR.

[CR001]

I am assuming she is a spouse of a British citizen.

If so, applying on the basis of 3 years residence, the absences must not be more than 270 days in the 3 years immediately preceding the date of application and not more than 90 days in the 12 months immediately preceding the date of application.

She would also need to make sure that she was physically present in the UK exactly 3 years ago to the day that HO receives her application for citizenship.

[fazkay]

Thanks for your reply.

Would this mean she has to live in the UK for another 3 years to qualify or until her absence is reduced to 270 days in the last 3 years before the application.

[CR001]

until her absence is reduced to 270 days in the last 3 years before the application.

Correct.

And provided that she was physically present on exactly the same date 3 years ago on the day that HO receives her application. This is an automatic ground for refusal.

[fazkay]

Thanks for your advise and help

Appreciate it

[fazkay]

About my wife's absence for 1 year after ILR, she had to move back to Pakistan to look after her mother due to her illness for 6 months. If we are able to provide medical evidence, would the home office disregard the 6 months absence ? and also does she have to show ties to the UK with me working in Dubai and she living in the UK on her own for her naturalization . During her stay I will be visiting her every few months.

[CR001]

She would have to ask for discretion to disregard the absence and there is no guarantee that discretion will be granted if she exceeds the absence time limits I have already mentioned. If her application is refused, you lose the fee.

They are strict with absences and she exceeds both the 270 days in 3 years and the 90 days in last 12 months and for discretion she would need show her/your ties, life and how much of your estate is here in the UK, which might be difficult if you are living and working in Dubai.

If she waits until she is within the absence requirements, the she would not need to show ties, estates etc. because she will not be asking for discretion.

What are her absence

[fazkay]

Entered the UK on 11 Nov 2011

1st Year - 11 Nov 2011 - 10 Nov 2012 - 38 days spent outside the UK
2nd Year - 11 Nov 2012 - 10 Nov 2013 - 96 days spent outside the UK
3rd Year - 11 Nov 2013 - 10 Nov 2014 - 345 days spent outside the UK

4th Year 11 Nov 2014 - 10 Nov 2015 - 68 days spent outside the UK - Entered the UK on 7 Jan 2015 and is in UK at present

ILR Issue Date 5 Nov 2013

Total Absence until now 547 days

[CR001]

3rd Year - 11 Nov 2013 - 10 Nov 2014 - 345 days spent outside the UK

This alone exceeds the allowance to be able to apply as spouse of British Citizen based on 3 years residence and 2012-2015 (the qualifying period) absence is 509 days, substantially more than 270 days allowance for applications based on 3 years residence. It is likely be a refusal is she applied.

[fazkay]

So in that case 509 - 270 = 239 days

She has to stay another 239 days which is 8 months to qualify ?

[CR001]

Yes and the 509 days is based on the November 2015 date you have provided. So she would have to wait till July/August 2016 if she wants to use 3 year route or apply in November 2016 based on 5 years.

For both she would need to be physically present at the start of the qualifying period 3 or 5 years ago.