Citizenship Query Physically present - Please Help !!

[talktojeo]

Hi, All
I was preparing for British Citizenship, everything was fine until today.

My case was pretty straigh forward- i came to UK in October 2008 got PR on 3 October 2013, last year - (Tier 2- 2 years + Tier1 - 3years). We were planning (Wife + 1 Kid) to apply for Citizenship this 3 October 2014 however i never knew that even the dependent should be physically present 5 years back on the same day of application.

My Wife was in India for delivery, from (11 April 2009 - 15 May 2010). So guess she cannot apply now as the 5 year back date
is 3 October 2009

Me and My wife Came to UK - October 2008
PR - 3 October 2013 (5years, for all - me, wife + 1 Kid)

What should i do now ?, please help

1) I was here on 3 October 2009 so Can i apply for Citizenship?
2) Can my kid who is 4 years now apply with me? (my wife and kid was not physically present on the back-date)
3) Should my wife wait till May 2015 next year and apply or can she apply for citizenship once i get it (spouse citizenship) as she is here with me for the past 3 years.
4) Sometime i see it is 3/5 years backdate to be physically present so is it 3 or 5?

Gurus, seniors kindly lend a helping hand

[ban.s]

Have you read Citizenship FAQ - Common Questions ?

[talktojeo]

Thank you ban.s for the reply, yes i have gone through the document however i still need bit more clarity on the 2nd, 3rd and 4th point as it is quite confusing to understand.
Any help/pointers appreciated .

[ban.s]

2. Also see Q2: My child has been away from the UK. Can he apply for Registration?

There are no residential requirements for application under section 1(3) (child born in the UK before parent was granted ILR/PR).

If application under section 3(1) (children born abroad) - There are no residential requirements for children under 13 years old. Children 13-16 years old are expected to have lived in the UK for 2 years before applying. Children who moved to the UK aged 16 or more are likely to get refused and should apply as adults once they meet the Naturalisation requirements.

3. Yes, your wife can apply as spouse of a British citizen once you receive your citizenship certificate. If applied as a spouse of a British citizen, she needs to show physical presence exactly 3 years prior to the date of application. She will also need to produce your citizenship certificate.
She can apply independently based on her 5 year residence in May 2015.

4. 3 or 5 years dependening on the type of application i.e. 3years if applied as a spouse of british citizen else 5 years.

[talktojeo]

Thanks a lot ban.s appreciate it, you answered all my question.

I will be applying along with my 4 year old kid, and once i get the citizenship certificate my spouse will apply immediately.
Do she need to wait for me to get the passport ? or once after my approval i will receive the certificate which she can use to apply; meanwhile me and my kid can apply for the passport?

Could you kindly say if this is fine, please?

[ban.s]

once you attend the ceremony and receive the certificate, she can apply subsequently on basis of that. there is no need for her to wait for your passport.

[talktojeo]

Thanks a lot ban.s, appreciate all your help and speedy response.
This forum is awesome!!