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Clarification -Residential requirements for Naturalisation

Posted: Mon Jun 17, 2013 11:51 am
by moukirti
Hi Dear All,

Regarding myself:

I need some clarifiation about the Residential requirements for UK Naturalisation process after 1 year ILR.
I came to UK (first time) on 1st June 2007 and got ILR on 20/06/2012.
Total absences in last 6 yrs(including 1 year of ILR) is less than 200.
Total leaves in 6th year (during 1 year of ILR) is less than 30 days.

Regarding my wife:

1 )She first came to UK on 15th Aug 2007 as my dependent (WP)
2) She was in India from 15th Dec 2007 till 18th July 2008
3) Got ILR along with me on 20/06/2012
4) Total absences in last 6 yrs(including 1 year of ILR) is aroun than 430 days
5) Total leaves in 6th year (during 1 year of ILR) is less than 40 days.

Clarifiaction required for the below mentioned:

from guide_an.pdf page 6 section 2.2 (http://www.ukba.homeoffice.gov.uk/sitec ... ide_an.pdf)

Please note: You should also check that you were physically present in the UK 5 years (3
years if you are married to or in civil partnership with a British citizen) before the date that
the application will be received by the UK Border Agency or other receiving authority (see
page 17 “Where to send your application form”). If you do not meet this requirement your
application is unlikely to be successful.


We both are applying for our naturalisation process through NCS (westminster) on 2nd July 2013.
But my wife and I was in India on 2nd July 2008 for holiday. (Exactly the day 5 yrs before our naturalisation application on 02/07/2013 )

Am I missing something here pls??

Can we both apply our naturalisation on 02/07/2013.

Will appreciate your help.

Thanks

Posted: Mon Jun 17, 2013 12:00 pm
by CR001
If you are applying on 2nd July and UKBA receives your application on 3rd or 4th, you must have been physically present in the UK on the day in 2008, otherwise your application will be refused.

Your best option for both you and your wife would be to apply after 18th July once you returned to the UK after your holiday as you will then both meet this 'physically present' and 5 years residence criteria.