Eligibility as a spouse of British Citizen (3 year rule)

[forbc123]

Hi All,

I have a great respect for this forum which helped me get my UK Passport & OCI in Nov 2013

My wife (who is an ILR since September 2011) has been out of country for 322 days since last 3 years and was out of UK for 54 days in last 12 months. Me & My daughter are British Citizens. Please can you suggest will she be eligible for naturalization, if so when. She had to get operated outside country in 2011 which is why the gap is so long. Our family is fully established in UK.

Please advice, whether to apply before October because in 2011 October she went outside UK for 6 months?

Thanks
forbc123

[IndiMarshall]

https://www.gov.uk/becoming-a-british-c ... sh-citizen

Can you be more clear about what date she has arrived in UK and how many days was she out of country between that period (I mean before 2011)?

In total has she lived for 3 years and spent no more than 270 days outside UK in those 3 years before 2011 ?

For last 12 months as she wasout of country for only 54 days this is fine. the limit is 90 days..

All you should tell us is has she lived in country for 3 yrs and didnt go out of UK for 270 days ?

Also can anyone confirm any 3 year period is fine .. I assume yes..

[CR001]

Also can anyone confirm any 3 year period is fine .. I assume yes..

It is the 3 years immediately prior to the date of application for citizenship.

[IndiMarshall]

Also can anyone confirm any 3 year period is fine .. I assume yes..

It is the 3 years immediately prior to the date of application for citizenship.

ok.. so the forbc123 spouse has to wait then.. isnt it..

moving to another query .. can a woman who is off to another country for maternity reason and if she is off for 9 months from UK.. what happens then ? wil she be eligible although she lived in UK for 4 yrs ..

As per what u said .. a big NO ?? am I correct

[forbc123]

Hi,

My wife was granted ILR in September 2011

She landed in UK in year 2007 May

She is out of UK for 322 days since she was granted ILR in Sep 2011 (she left on oct-06-2011 and returned april 16 2012)

then she was on holiday outside UK for 68 days in 2012 nov/dec

and went on holiday for 54 days in march/april 2014

naturalisation requirements say upto 300 days in 3 years is disregarded

was checking if 322 would be refused?

[CR001]

So why doesn't your wife apply on the basis of 5 years residence as then her absences won't be an issue at all.

Just because you are British doesn't mean she has to apply as spouse of BC based on 3 years residence. So if she applies say on the 3rd September 2014, the period that will be considered for her 5 year residential qualifying period is 2nd September 2009 to 3rd September 2014, as long as she was physically present on the same day/date 5 years ago that HO receives her application now.

[IndiMarshall]

So why doesn't your wife apply on the basis of 5 years residence as then her absences won't be an issue at all.

Just because you are British doesn't mean she has to apply as spouse of BC based on 3 years residence. So if she applies say on the 3rd September 2014, the period that will be considered for her 5 year residential qualifying period is 2nd September 2009 to 3rd September 2014, as long as she was physically present on the same day/date 5 years ago that HO receives her application now.

mate check this ... leaving aside about the issue about his spouse.. for anyone to apply citizenship ...this applies isnt it?
spent no more than 450 days outside the UK during those 5 years
https://www.gov.uk/becoming-a-british-c ... -can-apply

Am I missing something here ?

[CR001]

If the spouse applies on the basis of 5 years, the 322 days absence is not really an issue is it, as 450 days is allowed for 5 years. OP will need to say what absences will be on this basis.

I specifically said

residence as then her absences won't be an issue at all.

related to the OPs post, not in a general sense.

[IndiMarshall]

If the spouse applies on the basis of 5 years, the 322 days absence is not really an issue is it, as 450 days is allowed for 5 years. OP will need to say what absences will be on this basis.

I specifically said

residence as then her absences won't be an issue at all.

related to the OPs post, not in a general sense.

k

[forbc123]

her absences are summing up to 600 days if she applies on 5 year rule

[CR001]

Then she would be better to wait till her absences are within or close to the limits other additional discretion will be required.