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MN1 and AN together- Family Application for BC-section 3(5)

Posted: Mon Mar 04, 2013 7:41 am
by cybekpmc
Hi All,

I am about to apply BC for the whole family (Myself, Wife and 2 kids born outside UK - previously on Tier 1 / Tier 1 dependent and now on ILR for more than a 1 year).

I have a couple of queries:

1) for AN Application : Do my wife and I need to be physically in the UK extactly present 5 year earlier from the date of application? ( Have been more than 7 years in the UK. But exactly 5 years before might be out of UK on holiday!!)

2) For MN1 Application : Do my kids and wife and I also need to be again physically present in the UK exacly 3 year earlier from the date of application?

Also does my MN1 application fall under section 3(5) ?

I have made sure that my wife and I were in the UK 5 years ago, but we werw out of the UK 3 years ago on a holiday? Do I need to wait for some more time to meet point(2) above as well?

Posted: Mon Mar 04, 2013 9:08 am
by Jambo
1) Yes. There is no discretion on this requirement. It's either pass or fail.
2) No. There is no such requirement for children. Please note that the qualifying period for your wife is 5 years and not 3 years (which only applies to spouse of BC).

Your children will apply under section 3(1). See more in Citizenship FAQs - Common Questions - Read before posting - Children.

Posted: Mon Mar 04, 2013 9:52 am
by cybekpmc
Jambo wrote:1) Yes. There is no discretion on this requirement. It's either pass or fail.
2) No. There is no such requirement for children. Please note that the qualifying period for your wife is 5 years and not 3 years (which only applies to spouse of BC).

Your children will apply under section 3(1). See more in Citizenship FAQs - Common Questions - Read before posting - Children.
Thanks very much for clarifying my doubts..
Yes, both my wife and I are eligible for the 5 year qualifying period.

Thanks