Should I apply for ILR?

[aandh]

Tried to interprete the rules for the past 2-3 days, but finally I gave up and hence this query.

I came to the UK on a WP on 05 Oct 2005. Changed to HSMP in September 2007 and finally to Tier 1 in June 2009 (which is valid until Oct 2012).
My wife joined for the first time in May 2006.
We plan to apply for ILR on 09 September 2010. (within 28 days of completing 5 years).
My wife then plans to travel to India on 15 Sep for about 5 months.

My dilema is - whether this will effect our application for citizenship?

I am pretty sure I will be fine, but my wife will have to spend 5 years before applying. And I read that time spent on ILR does not count towards the 5 years requirement. Is my reading of the rules correct?

Any guidance/clarification on this would be useful.

[vinny]

Tried to interprete the rules for the past 2-3 days, but finally I gave up and hence this query.

I came to the UK on a WP on 05 Oct 2005. Changed to HSMP in September 2007 and finally to Tier 1 in June 2009 (which is valid until Oct 2012).
My wife joined for the first time in May 2006.
We plan to apply for ILR on 09 September 2010. (within 28 days of completing 5 years).
My wife then plans to travel to India on 15 Sep for about 5 months.

My dilema is - whether this will effect our application for citizenship?

I am pretty sure I will be fine, but my wife will have to spend 5 years before applying. And I read that time spent on ILR does not count towards the 5 years requirement. Is my reading of the rules correct?

Any guidance/clarification on this would be useful.

Being absent for 5 months will affect her naturalisation eligibility. Currently, all legal time in the UK may be counted. However, unless married to a British citizen, she also has to hold ILR for at least one year.

Perhaps she should postpone or shorten her trip?

Moreover,

You should not book any travel until we have decided your case and returned all the necessary paperwork, including your passports and any decision letters, to you.