sylvia532 wrote:Thank you Noajthan for your reply. It's very kind of you that you provide valuable advice to so many forum users.
Regarding physical presence in the UK. My understanding is that since I am now a British citizen, my husband is only required to present 3 years (and not 5) evidence of physical presence in the UK. Point 2.2 of AN application (asking about absences) states "If you are married to a British citizen, give details for the last three years only". I think if they only want to know about his absences during the past 3 years then they are also only interested in evidence of physical residence covering the past 3 years. What are your thoughts?
Interesting question.
My understanding is as the spouse of a BC then yes, there is the 3-year residency rule.
(My wife applied on this basis too).
But, with your 'EEA national' hat on (so to speak) the dependent family member of an EEA national (your spouse) will also have to show 5 years residency in UK.
So I think the 3 years is wrapped up within the 5 years if you see what I mean.
You will have to provide 5 years of evidence for the 'acquiring PR' part of the application as well as 3 years evidence for the 'spouse of BC' element.
The AN guidance touches on this point too, see section 2) 3 or 5 year qualifying period
Ref:
https://www.gov.uk/government/uploads/s ... n_2015.pdf
- see page 6
For the rest of the form, if it asks for '10 years of this' or '5 years of that', suggest just supply what they ask for & need to see.
As a general principle I believe this approach helps spoonfeed the caseworker so as to make their job of processing your application 'easier';
It also tends to eliminate any possible HO 'wriggle room' or grounds for refusal.
Hope it makes sense.
