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Residential qualifying period reduction from 5 to 3 years

Posted: Sun Apr 12, 2015 5:31 pm
by ethanol
Hello,

We (my wife, daughter and I) are currently on ILR (Indefinite leave to remain) since May 2014. I will be applying for my naturalisation next month as I am meeting all the requirements. My wife is with me in the UK from the last 8 years, previously we were on Tier-1 (G) visa and before that on student visa, and she has always been my dependant.

My wife is currently not meeting the "time spent outside" requirement, i.e. 450 days outside in the continous 5 years period. She spent more holidays (ie. 523 days) outside the UK. She has to wait from another 11 months for qualifying on this ground!

Now, my question, once I am naturalised, can she immediately apply as the "wife of a british spouse"? Will the absences from the UK during residential qualifying period be reduced from 5 to 3 years for her? If so, luckily, she is fulfilling the condition of "270 days outside" in the past continous 3 years period!

Thanks for your time and reply (in advance).

8)
ethanol

Re: Residential qualifying period reduction from 5 to 3 year

Posted: Sun Apr 12, 2015 5:43 pm
by CR001
Yes she can as long as she meets the requirement to apply as spouse of BC and has no more than 270 days absence in the three years immediately preceeding application and no more than 90 days in the 12 months immediately before applicatiom.

Also make sure that she was physically present in the UK exactly 3 years ago on the exact same date HO receives her application.

Re: Residential qualifying period reduction from 5 to 3 year

Posted: Sun Apr 12, 2015 6:06 pm
by ethanol
Thankks Char! Much appreciated.

Re: Residential qualifying period reduction from 5 to 3 year

Posted: Mon Apr 13, 2015 1:36 am
by sagareva
yes she can