3 years (or) 5 years qualifying period

[shankar981]

I and my wife came to the UK in 2012 (Aug and Sep respectively) under Tier 2 General Visa. We both were granted ILR in Aug 2017. I was naturalised as a BC in Nov 2018. My wife is planning to apply for BC in Jan 2019. As I am a BC now, will her application be considered under Section 6(2) (3 year qualifying period)?

The reason I am asking is that we were outside the UK on vacation in Jan 2016. The requirement for Section 6(2) states that the applicant must have been in the UK on the day 3 years before the application. If her application will be considered under Section 6(1) (5 year qualifying period), then we are good to apply in Jan 2019.

Appreciate your valued input.

Wish you all a Merry Christmas and Happy New year!

[alterhase58]

Just apply on a date when you were present in the UK. You can apply under the three year rule if you comply with all the requirements.

[Djsuccess]

I and my wife came to the UK in 2012 (Aug and Sep respectively) under Tier 2 General Visa. We both were granted ILR in Aug 2017. I was naturalised as a BC in Nov 2018. My wife is planning to apply for BC in Jan 2019. As I am a BC now, will her application be considered under Section 6(2) (3 year qualifying period)?

The reason I am asking is that we were outside the UK on vacation in Jan 2016. The requirement for Section 6(2) states that the applicant must have been in the UK on the day 3 years before the application. If her application will be considered under Section 6(1) (5 year qualifying period), then we are good to apply in Jan 2019.

Appreciate your valued input.

Wish you all a Merry Christmas and Happy New year!

Better to apply when you are sure you will be fine if treated as 3 years or 5 years. I believe there was a case here recently when an application was rejected because it was treated as 3 yrs when the applicant was expecting it to be treated as 5 yrs.

[shankar981]

Thanks for the input @Djsuccess