Immigrationboards.com

Hi all - thank you for your guidance so far with all my immigration queries

I hold a British passport now (via the T2 General 5 year + 1 year ILR route)

My spouse has submitted her ILR application via the 5 year PBS dependent route. Please could you help with a couple of queries for her Naturalisation application, as she is eligible for British passport as soon she gets her ILR

- Firstly, please could you clarify whether she should apply through the 3 year OR the 5 year route, as she will have to prove her presence in the UK on this date 3/5 years ago

- Secondly, is there any minimum requirement regarding her absence from the UK during the 3/5 year qualifying period

- Lastly, please could you share any additional documents that are required for spouse’s application (I have the list of the documents that I submitted for my Naturalisation)

Thanks in advance

Kind regards
A

- Firstly, please could you clarify whether she should apply through the 3 year OR the 5 year route, as she will have to prove her presence in the UK on this date 3/5 years ago

She can apply now based on 3 year residence and being married to a BC. She must therefore have been physically present in the UK 3 years ago on the same date she submits her application.

- Secondly, is there any minimum requirement regarding her absence from the UK during the 3/5 year qualifying period

3 year app is 270 days absence in the 3 years and 90 days in the 12 months preceding date of application. 5 years route would be the same you had to meet.

- Lastly, please could you share any additional documents that are required for spouse’s application (I have the list of the documents that I submitted for my Naturalisation)

Same minimal docs plus your passport/naturalisation cert and marriage cert.

Thank you CR001

Do we need to mention the route - 3year or 5 year somewhere in the AN form, or are these two separate forms? Thanks again!

Same form AN. She would apply under Section 6(2) of the British Nationality Act, ie. spouse of British Citizen 3 years residence.

Thanks again CR001

Unfortunately, my spouse was away on a business trip from 8th Jan 2016 for 4 months (till 1st May 2016) and she suffered a loss in her family later that year. Her overall absence for the last 3 years is 329days

In case we apply on 2nd May 2019, will the absence from the UK be calculated from 1st May 2016 (i.e. 329 - 113 = 216 days) or do we need to wait longer before applying for her naturalisation?

Thanks again for all your help

NaturalBrit wrote: ↑

Sat Apr 27, 2019 6:02 pm

Thanks again CR001

Unfortunately, my spouse was away on a business trip from 8th Jan 2016 for 4 months (till 1st May 2016) and she suffered a loss in her family later that year. Her overall absence for the last 3 years is 329days

In case we apply on 2nd May 2019, will the absence from the UK be calculated from 1st May 2016 (i.e. 329 - 113 = 216 days) or do we need to wait longer before applying for her naturalisation?

Thanks again for all your help

Please can anyone confirm whether the absence from UK for the 3 year spouse application be calculated from the day of application submission?

Thanks again

Yes, 3 years counting backwards from date of online application submission and payment. Note the applicant must have also been physically present in the UK exactly 3 years ago too, i.e. the start of the qualifying period.

Absences are calculated for the three years working back from the application date.