Residents Requirement - Absence period

[adivee]

Hi

I am new here. I tried looking for topics that apply to me but couldn't find one that has an answer that fits my predicament. I hope someone here can help me out. I would like to apply for British Citizenship (using the spouse of a British Citizen route)

Question: The residence requirement says that the applicant must have lived in the UK for a minimum of 3 years before the application. Does the 3 years have to be continuous? It may sound strange but the reason for this question is described in the situation below.

Situation: I first came to UK in 2008 after marriage. Husband was on Tier 2. We both got our ILR in March 2011. I accepted a job posting overseas in September 2011 and worked overseas (while my husband remained in the UK). I visited UK yearly (for a month) and in returned to UK permanently in July 2014 after quitting my job. I have been living here since then. My husband got his citizenship in 2012.

I read the Booklet AN and guidance but am still unclear if I can apply for citizenship before July 2017 because it also mentions the date the applicant came to the UK to live permanently. Technically, this is 2008 for me and I have been living here permanently from Jan 2008 sans my absence between Sept 2011 and July 2014. I would prefer to apply for citizenship as soon as possible because I want to try and avoid having to apply for a Biometric Card since if I apply for a job I need my visa stamp to be on my valid passport and since I have a new passport, they want me to apply for a Biometric Card which is a waste of money because I will be applying for Citizenship in a few months time.

Has anyone faced similar situation? I would be grateful if you can shed some light on this matter.

Thanks in advance.

[CR001]

A spouse of BC application means you must have 3 years residence and you MUST have been physically present in the UK on exactly the same date, 3 years ago, to the date you apply (date of appointment if using NCS or date HO receives your application if posting).

If you apply and were not present, your application will be refused.

In addition, you must be within the absence limit of no more than 270 days in the whole 3 years preceding application and no more than 90 days in the 12 months immediately preceding the application date.

You are lucky that you have not lost your ILR status as an absence of 2 years or more means you usually lose ILR status.

[adivee]

Thanks CR001 for your explanation. Appreciate it.

Yes, I was aware that a 2 year absence would have caused me to lose my ILR. I wasn't absent continously so they let me keep it.

Cheers!

[CR001]

I wasn't absent continously so they let me keep it.

Well you were as you were not resident in the UK. Short 'visits' do not usually maintain the ILR status. Assuming you are a visa national and require a visa to enter the UK even as a visitor of course. A person who doesn't require a visa can be stamped in as a 'visitor' which might have implications for ILR.