Total allowable absences if resident over 7 years

[rk_2011]

Can someone verify that that for residency over 7 years the threshold on absences is 730 days? I found someone saying it in a post here:

"My wife is in a similar situation where she has got nearly 720 absences and I had to delay our naturalisation application to be in 7 year residency period where upto 730 absences are disregarded."

This is for my spouse's application.

[CR001]

Not sure where this 7 year reference comes from but naturalisation is based on meeting the residence requirements for either 5 years or 3 years (married to spouse BC). The absences limits are :

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:
* been resident in the UK for at least five years (this is known as the residential qualifying period); and
* been present in the UK five years before the date of your application; and
* not spent more than 450 days outside the UK during the five-year period; and
* not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
* not been in breach of the Immigration Rules at any stage during the five-year period.

The link below explains when discretion is applied

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

[rk_2011]

Thanks, but I found a reference here, a UKBA document dated Dec 2012. Check page 32 of 44 (in pdf), see 5A1. Seems for spouses the limit is 540 days.

[CR001]

But please also bear in mind that these absences will be considered at discretion and all other qualifying requirements will need to be met 100%.

[rk_2011]

My wife is in UK for over 5 years. So it seems we could either choose to go for 450 days in 5 years or 270 days in 3 years. Is that a choice bestowed upon the applicant?

[CR001]

Yes, the applicant can choose under which residence requirement to apply. If you are already British, 3 years is fine if the standard requirements are met. If she would rather apply on the basis of 5 years, she can do that too.

When did she get ILR??

[rk_2011]

I am not BC yet, We will be applying together. Does that affect our choice of 3 and 5 years? She hasn't got ILR. Will be next year, planning ahead.

[CR001]

If she applies on the basis of spouse of BC, they will only consider her application once yours is done/approved as you are only BC once you have attended the ceremony and received your certificate.

For a joint application, it would then make sense if she applies on the basis of 5 years in her own right.

Do you have ILR yet?