Naturalisation query

[TCP2020]

Hi,

I am planning to apply for British citizenship through Naturalisation for my wife. I am having British citizenship (July 2018) and got my passport in (August 2018).
My wife got the ILR in Jan 2020 valid until Dec 2024. Below are the absences for the last 3 years

17-Feb-20 06-Dec-20 ---> 292 days (due to covid stuck in India and also, she was on maternity leave.)
14-Nov-21 24-Jan-22 ---> 70 days

My question is the absence of 270 days exceeds by 92 days (a total of 362 days). Can we still apply for Naturalization with discretion/justification or should we wait until next year?

Regards
TCP.

[mesn]

Hi,

I am planning to apply for British citizenship through Naturalisation for my wife. I am having British citizenship (July 2018) and got my passport in (August 2018).
My wife got the ILR in Jan 2020 valid until Dec 2024. Below are the absences for the last 3 years

17-Feb-20 06-Dec-20 ---> 292 days (due to covid stuck in India and also, she was on maternity leave.)
14-Nov-21 24-Jan-22 ---> 70 days

My question is the absence of 270 days exceeds by 92 days (a total of 362 days). Can we still apply for Naturalization with discretion/justification or should we wait until next year?

Regards
TCP.

362 days are a big deviation. You might have to strengthen your case by showing cancelled flights or any other restrictions for her which impacted her travel. UK was always open, although we had the hotel quarantine rules.

Alternatively, would she qualify via the 5Y residency route? She can apply on her own via this route.

Also, you could have applied for the naturalization in Jan-20 and in Dec-20 as well.

[TCP2020]

362 days are a big deviation. You might have to strengthen your case by showing cancelled flights or any other restrictions for her which impacted her travel. UK was always open, although we had the hotel quarantine rules.

Alternatively, would she qualify via the 5Y residency route? She can apply on her own via this route.

Also, you could have applied for the naturalization in Jan-20 and in Dec-20 as well.

Hello Mesn,

Yes, she qualifies via the 5Y residency route with a total absence of 390 days.

24-Oct-17 19-Nov-17 ---> 25
08-Oct-18 12-Oct-18 ---> 3
17-Feb-20 06-Dec-20 ---> 292
14-Nov-21 24-Jan-22 ---> 70

If she can apply on her own what options do I have to select in the application or should I need to specify this in the cover letter.

In section - Details of trips outside the UK
"If you are the spouse or civil partner of a British citizen, provide details about trips from the last 3 years, otherwise provide details from the last 5 years."

I am not sure if the caseworker will consider 3 years route based on the above statement.

Regards
TCP2020

[mesn]

362 days are a big deviation. You might have to strengthen your case by showing cancelled flights or any other restrictions for her which impacted her travel. UK was always open, although we had the hotel quarantine rules.

Alternatively, would she qualify via the 5Y residency route? She can apply on her own via this route.

Also, you could have applied for the naturalization in Jan-20 and in Dec-20 as well.

Hello Mesn,

Yes, she qualifies via the 5Y residency route with a total absence of 390 days.

24-Oct-17 19-Nov-17 ---> 25
08-Oct-18 12-Oct-18 ---> 3
17-Feb-20 06-Dec-20 ---> 292
14-Nov-21 24-Jan-22 ---> 70

If she can apply on her own what options do I have to select in the application or should I need to specify this in the cover letter.

In section - Details of trips outside the UK
"If you are the spouse or civil partner of a British citizen, provide details about trips from the last 3 years, otherwise provide details from the last 5 years."

I am not sure if the caseworker will consider 3 years route based on the above statement.

Regards
TCP2020

You should be good then. You can select ILR route or British spouse route for naturalisation. The application is different and there won't be any confusion with case worker.