Immigrationboards.com

I am worried about my wife elgibilty of naturalisation.

My wife came to UK as work permit dependant and stayed here for 1 year. She went to India for maternity for 1 year 3 months. In the mean time I have changed visa to Tier-1 general. She changed dependant visa after one year of my Tier-1 visa.

In Tier-1 dependant visa, she stayed here for 2 years and we all got ILR. Now we spent one year in ILR.

Here total absence is 520 days also without visa for one year in India.
Is she qualified for Naturalisation?

no, she can apply as spouse of bc once you have got your citzenship as the residence rquirements will then be 3 years and as long as she meets th othe standard requirements too.

Any moderator response please? I need urgent reply.

she will need 5 years continuous legal stay to qualify for bc now.

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

http://www.ukba.homeoffice.gov.uk/briti ... ofcitizen/

dharma26 wrote:I am worried about my wife elgibilty of naturalisation.

My wife came to UK as work permit dependant and stayed here for 1 year. She went to India for maternity for 1 year 3 months. In the mean time I have changed visa to Tier-1 general. She changed dependant visa after one year of my Tier-1 visa.

In Tier-1 dependant visa, she stayed here for 2 years and we all got ILR. Now we spent one year in ILR.

Here total absence is 520 days also without visa for one year in India.
Is she qualified for Naturalisation?

There is perhaps some discretion for the caseworker to accept her application, should she meet the spousal requirements, as at the same time your application is to naturalise yourself as a bc and thus your wife becoming the spouse of a bc. This is not a guarantee though. If she did not get accepted she would have a prima facie entitlement to naturalise herself once you are a bc, providing she meets the requirements.

As far as I understand her circumstances, then she first came to the UK more than 5 years ago. All her stay in the UK was legal and the main issue is her number of days outside the UK which included time without a dependant visa. The visa is not an issue as you only required to be legal while in the UK not when abroad. The issue is her number of absences which would require discretion. I suggest you read the link in Q3 in Citizenship FAQs - Common Questions - Read before posting.

Also your wife need to make sure that she was physically present in the UK exactly 5 years before the HO receives the application. This is an important requirement to meet.