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Absence and English language requirement question

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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tsujay
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Posts: 11
Joined: Fri Oct 26, 2012 10:19 pm
Location: uk

Absence and English language requirement question

Post by tsujay » Mon Feb 22, 2016 10:31 pm

Hello,

Sorry if something similar thread exist.

My wife is planning to apply for naturalization (Form AN) in March based on my citizenship granted in October 2015. My wife came to UK as work permit dependant in Jan 2012 and granted ILR in Sept 2013 with me. She was in India for 5months between oct 2014 to 25th March 2015, we were waiting for her absence to be less than 90 days with in last 12 months so applying now. Now applying based on 3year rule. My questions are:
1. Any issue with her holidays
2. Regarding English language reqirement, she has completed Masters from Bangalore University. According to points based calculator she earns 10points. Which is the correct option to choose in the form? I think it is under –
I have obtained an academic qualification demmed by UK Naric to meet the standard of a bachelors or master degree
ii. the qualification was taught or researched in the UK or a majority English speaking country
Is this correct?

Thanks in advance

noajthan
Moderator
Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: Absence and English language requirement question

Post by noajthan » Mon Feb 22, 2016 10:55 pm

tsujay wrote:Hello,

Sorry if something similar thread exist.

My wife is planning to apply for naturalization (Form AN) in March based on my citizenship granted in October 2015. My wife came to UK as work permit dependant in Jan 2012 and granted ILR in Sept 2013 with me. She was in India for 5months between oct 2014 to 25th March 2015, we were waiting for her absence to be less than 90 days with in last 12 months so applying now. Now applying based on 3year rule. My questions are:
1. Any issue with her holidays
2. Regarding English language reqirement, she has completed Masters from Bangalore University. According to points based calculator she earns 10points. Which is the correct option to choose in the form? I think it is under –
I have obtained an academic qualification demmed by UK Naric to meet the standard of a bachelors or master degree
ii. the qualification was taught or researched in the UK or a majority English speaking country
Is this correct?

Thanks in advance
1) If absences over 3 year period preceding the application are 270 days or less then all good.

2) No! Looks more like option i) as you state degree from Bangalore.

India is not on list of majority English-speaking countries (even though there may be more English speakers than in UK):
https://www.gov.uk/english-language/exemptions
All that is gold does not glitter; Not all those who wander are lost. E&OE.

nathan2
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Posts: 16
Joined: Fri Apr 01, 2011 7:15 pm
Location: United Kingdom

Re: Absence and English language requirement question

Post by nathan2 » Mon Feb 22, 2016 11:05 pm

Make sure your wife was physically present in the UK exactly 12 months (to the day) before on the day you apply (if going through NCS) or when the Home Office receive your posted application.

nathan2
Newly Registered
Posts: 16
Joined: Fri Apr 01, 2011 7:15 pm
Location: United Kingdom

Re: Absence and English language requirement question

Post by nathan2 » Mon Feb 22, 2016 11:33 pm

Sorry, I meant 5 years not 12 months. Silly brain.

secret.simon
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Posts: 11113
Joined: Thu Feb 21, 2013 9:29 pm

Re: Absence and English language requirement question

Post by secret.simon » Tue Feb 23, 2016 12:21 am

nathan2 wrote:Sorry, I meant 5 years not 12 months. Silly brain.
You were quite correct to point out this requirement, but as the applicant is applying as the spouse of a British citizen, she needs to have been in the UK exactly three years to the day of the application.

So, if she were to apply today, she would need to prove that she was in the UK on 23rd February 2013.

This is a requirement that the Home Office has no discretion over and failure to meet it means an automatic refusal.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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