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Present in the UK exactly 3 years before the day the Home Office receives your application

Posted: Thu Nov 04, 2021 1:39 am
by Tier 4
My Mrs has just received her ILR on the basis of Long residence SET LR.
I am (her spouse) a naturalized British Citizen since last 5 years
As far as my understanding she is eligible to apply citizenship straight away now because I am British citizen regardless of the fact she has gained her ILR on long residence.
But my question is what exactly it means:
prove you were in the UK exactly 3 years before the day the Home Office receives your application

She only has 225 days absent in the last ten years and 46 days in the last 12 months. Her last absent was 22 Feb 2021 - 8 April 2021. So is she ok to apply?
3 years back her absent was 2 October 2018 - 31 October 2018
So when they ask about exactly 3 years before the day the Home Office receives application; mean the exact date or is this means a person should not be absent in the last three years at all?

Thanks

Re: Present in the UK exactly 3 years before the day the Home Office receives your application

Posted: Thu Nov 04, 2021 5:38 am
by vinny
See also Legally in the UK at the start of the qualifying period
To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under Section 6(1) made on 1 March 2016, the applicant must have been legally in the UK on 2 March 2011.
For example, if she applies under Section 6(2) on 4 November 2021, then she must also be legally present in the UK on 5 November 2018.

Re: Present in the UK exactly 3 years before the day the Home Office receives your application

Posted: Thu Nov 04, 2021 7:15 am
by magicsign
A useful way to check this is if she kept the same bank account for the last 3 years. Check for transactions made in the UK on that specific date to confirm the presence (unless her passport wasn't getting stamped every time she was leaving the country)

Re: Present in the UK exactly 3 years before the day the Home Office receives your application

Posted: Thu Nov 04, 2021 11:33 am
by Tier 4
Many thanks for all the replies

She was present in the UK back in November 2018 onward.
(after her holidays from 2/10/2018 - 31/10/2018)
We got few bank statements transactions to prove it of the month of Nov 2018

So basically its the exact date of making application and the three years back exact dates to be present matters.
The holidays in between these last three years doesn't matters. As long as they are under 270 days.

thanks