wife on ILR but in india how long?

[Smkuk]

Hi
I am on ILR and got British Citizenship.
My wife she got ILR in June 2012, currently she is in india.
she is planning to come back before june 2014 ...i.e before 2 years.

can some guru explain me does she need to apply for
returning resident visa from india if she comes before 2 years completion.
any problem at airport please suggest me thanks in advanced.

my kids will apply British Passport in june 2014, as they born here in UK.
after getting British Passport and OCI, how long they can stay in India?

once i get the british passport and OCI how long i can reside in india.

please any suggestions from gurus. thanks in advanced.

[vinny]

Returning residents do not require visas (2(a)) to enter the UK for the purpose of settlement within 2 years.

I would imagine that OCI holders may remain in India indefinitely.

[Smkuk]

I am on British Citizen with British Passport,
I would like to apply my wife for Naturalization, but she is abroad for more than 18 months.

Her case is as follows:
First Came to UK May 2008. on Tier 1 Dependent.
She got ILR - 26 June 2012
__________________________________
Absenses from UK :
01-11-2009 to 25-05-2010 = 204 days
19-08-2012 to 08-02-2014 = 538 days
she is expected to come back UK by Feb 2014.
---------------------------------------------------------

So gurus please let me know best and safe time when she can apply for Naturalization earliest.

she meet all the other requirements.

[CR001]

to apply as spouse of bc, the max absences are 270 days in the 3 years immediately before application and max 90/100 days in the last 12 months immediately beforr application.

[Smkuk]

Hi CR001,

I had read all the residential qualifiying period for Naturalization.
But my question is she cannot eligible either for 5 years nor 3 years.
because.
she has exceeded 270 days for 3 years and
she has exceeded 450 days for 5 years.

her absnses are 558 days.

but I read HO can disregard some absenses between 301 to 540 days.

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

what does this means? what source should mention medical/study/employment... to cover her period.
because she studied Bachelor from aug12 to aug13 and
she is currently pragnent since nov13-feb14 till she returns UK.and she is on payroll to UK company.

what is the best reason to claim disregarded absenses.?

thanks

[Jambo]

The issue is that she doesn't meet the 270/450 days (3/5 years) and doesn't meet the 90 days in the last year. She would probably best to wait until May 2015.

[wpilr_nov12]

sorry, removing my inaccurate assumption.

[Smkuk]

Hi gurus

Me and my wife married in 2008 and living in UK since 2008.
I got British citizenship in 2013 and wife got ILR in 2012 but she left UK in 2012 to india with kids, as my next baby born in india. my kids have British passport applied from india.
my plan to bring her back to UK and apply for her British citizenship.

for my wife to apply for british citizenship does she has to be resident further 3 years after ILR or
previous time spend in UK will count
please advice.

thanks in advance

[ohara]

Has your wife been in India since 2012?

[vinny]

If she has been absent from the UK for more than a continuous period of two years, then she may have lost her ILR status.