Spouse naturalisation application:not in UK before 3 years

[faisa_mahjoor]

I have a question regarding a special scenario for spouse naturalisation, the spouse is eligible for naturalisation on her own (5 years) in beginning September. If husband gets citizenship certificate before September say in August, she will be eligible for 3 year rule as BC spouse but the issue is she was not present in the UK 3 years before throughout August and September (was on holidays). I want to ask whether spouse applying on her own based on 5 year rule in September will make any difference in application processing compared to case where she applies under 3 year rule as home office might not understand why she has applied under 5 year rule despite being BC spouse?

[CR001]

Why not just apply in October when she was in the UK 3 years ago

[faisa_mahjoor]

Thanks,
That will delay the application submission by one month and subsequently other steps. There is another three days in mid-October where she was away from UK that means need of more cleverness in booking appointment at right date in October (not sure home office calculation is always accurate).
Is there an issue in case spouse applies on her own despite her husband naturalized?

[CR001]

If you apply through NCS, the date of application is the date of the NCS appointment.

She can apply based on 5 years, but HO might process it as spouse of BC if you are BC, with 3 years residence.

Is a couple of weeks delay really such a big issue considering the fee you risk losing if you or HO get it wrong?

[faisa_mahjoor]

Yes this is exactly my concern. But NCS has the form that clearly marks the application whether it is AN 6(1) [5 years own residence] or AN 6 (2) [3 years based on marriage to BC]. I was thinking once one gets confirmation that it is AN 6(1), the application should be processed as such?

If you apply through NCS, the date of application is the date of the NCS appointment.

She can apply based on 5 years, but HO might process it as spouse of BC if you are BC, with 3 years residence.

Is a couple of weeks delay really such a big issue considering the fee you risk losing if you or HO get it wrong?

[CR001]

NCS is ONLY an third party agent for HO and a 'paperwork checker'. Many have applied under 6(1) and been processed by HO under 6(2).

[faisa_mahjoor]

NCS is ONLY an third party agent for HO and a 'paperwork checker'. Many have applied under 6(1) and been processed by HO under 6(2).

Thanks CR001,

If spouse applies in October this year when was physically in UK 3 years or 5 years ago with satisfying both route requirements, is it better to apply via Section 6 (1) or Section 6(2) on application? (although 6(1) can still be processed as 6(2) as you mentioned)?

Thanks again

[CR001]

It really makes no difference under which section she applies, the end result is the same, there is no benefit or quicker decision if she applies 6(2) for example.