Naturilazation Query

[mistryboyuk]

Hello ..

My wife (Indian citizen), has been in the UK now since Feb 07 and was given her ILR in March of this year.

As I understand the rules, by end of Feb 10, my wife will have qualified for naturalization (based on living in the UK for 3 years and being married to a British Citizen). In this time, she will have spent LESS than 35days (over the 3 year period outside of the UK, so well within the 270day limit.

However, what happens if my wife was to spend >90days outside of the UK AFTER her 3rd year in the UK ? How does this affect the Naturalization application ?

I am keen on completing her naturalization and to apply for a British passport, but as I am working abroad, I am keen for my wife and baby to be here, with me, rather than back in the UK.

Any help/thoughts or comments would be appreciated.

[yarons]

Hello ..

My wife (Indian citizen), has been in the UK now since Feb 07 and was given her ILR in March of this year.

As I understand the rules, by end of Feb 10, my wife will have qualified for naturalization (based on living in the UK for 3 years and being married to a British Citizen). In this time, she will have spent LESS than 35days (over the 3 year period outside of the UK, so well within the 270day limit.

However, what happens if my wife was to spend >90days outside of the UK AFTER her 3rd year in the UK ? How does this affect the Naturalization application ?

I am keen on completing her naturalization and to apply for a British passport, but as I am working abroad, I am keen for my wife and baby to be here, with me, rather than back in the UK.

Any help/thoughts or comments would be appreciated.

According to the rules, she must not spend more than 90 days outside the UK during the last year before applying. There is no limit after getting citizenship.

[mistryboyuk]

Hi Yarons,

Thanks for your reply.

I know there is no limit AFTER applying, but obviously there is a processing period in applying, and gaining British Citizenship & then a British passport and that delay could be a few months (3-6months possibly).

What I would like to do therefore is to DELAY the application (once we have completed the qualifying year requirements) until we can both return to the UK, otherwise, I will spend another few months on my own abroad.

[yarons]

Hi Yarons,

Thanks for your reply.

I know there is no limit AFTER applying, but obviously there is a processing period in applying, and gaining British Citizenship & then a British passport and that delay could be a few months (3-6months possibly).

What I would like to do therefore is to DELAY the application (once we have completed the qualifying year requirements) until we can both return to the UK, otherwise, I will spend another few months on my own abroad.

I don't understand how delaying the application would be any different - she will still have to comply with the rules i.e. must not spend more than 90 days outside the UK during the last year before applying.
The applying time is what matters not when she was qualified.

[f2k]

Remember you can apply any time after you have qualified. personally i believe were possible it is best to apply at the earliest opportunity cause things come up. It may be better for her to come back briefly to lodge the application and she can then return to wherever you are. I think you have to be in the country for 5 days after application is recieved by HO. Once her application is approved she can then comeback and do the citizenship ceremony and apply for the passport. All in all she may only need to be away for 1week (when she comes to lodge her application) and some 4-5weeks whilst waiting for passport

[mistryboyuk]

Guys,

I'm confused now.

Yaron's last post suggests that it's the year preceding to when you apply that counts, wheres F2K suggests that you can apply anytime 'after' qualifying.

Obviously the 2nd option would be preferably, as to wait until she has qualified, and then to wait for the application to be complete so that she can apply for a British passport would be time consuming and costly (i am based in Singapore).

[djb123]

Guys,

I'm confused now.

Yaron's last post suggests that it's the year preceding to when you apply that counts, wheres F2K suggests that you can apply anytime 'after' qualifying.

Obviously the 2nd option would be preferably, as to wait until she has qualified, and then to wait for the application to be complete so that she can apply for a British passport would be time consuming and costly (i am based in Singapore).

I think you are misreading F2K's last post. You can apply anytime after qualifying, but you must meet the requirements on the day you apply.

[f2k]

Sorry if I have confused you. But you have to read both posts together

Your wife is eligible after 3years. She can apply any day after that 3 year anniversary, she does not have to apply on the day she is first eligible..

One of the requirements is that an applicant is not absent from the UK for not more than 90days in the year IMMEDIATELY before the day that you APPLY.

Thats why i was suggesting that maybe your wife returns to the UK as soon as she is qualified and lodges her application. It takes about 6 weeks (recently they have been doing them in a shorter time) for application to be processed, she can then have a private ceremony soon after approval and then return without applying for British passport which she can do later or I am not sure about this, but maybe can be done overseas from the British embassy