Questions around Eligibility to be a British Citizenship

[Nik87]

Hello Forum Members,

First of all thank you very much for guidance and support you provide through this forum.

My wife's application for ILR was approved on 26-11-2022 after being on Tier 2 general dependant visa for 5 years.

Now i think she is eligible for British citizenship straight away as i am a British Citizen via Tier 2 general route.

Correct me if I am missing anything or wrong in terms of requirements. In terms of requirements for British Citizen i think she needs:

• prove your knowledge of English, Welsh or Scottish Gaelic

We prove that as part of ILR application and can re-use same so don't need to worry.

• show you’ve passed the life in the UK test

We proved that as part of ILR application and can re-use.

• be of good character

I believe she is and doesn't need anything special here.

• prove you were in the UK exactly 3 years before the day the Home Office receives your application

My question is we have been out for duration as can be seen in the attached image. does she still qualify for British citizenship right now? I think she does but need advice



There is a question in the form:

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?

Do we say yes in the ILR? or we have to mention all the applications she made Tier2 dependent initial application and extensions?

Are there any other requirements which i missed?

[secret.simon]

To start with, you can merge the last two entries as it is one single absence.

Till very recently (July 2022), the physical presence in the UK three/five years ago was a mandatory requirement, which the Home Office had no discretion to disregard. There is now discretion to disregard, if all other requirements are met. So, in effect, discretion can be used to disregard *one* requirement.

Does your wife fail to meet two requirements, fewer than 270 days absences in the past three years AND the physical presence in the UK three years ago?

If yes, I suspect that her application right now would fail.

Keep in mind that naturalisation is not a compulsory application and it is not necessary to apply as soon as possible. The Home Office may well ask why she can't wait until she actually meets the requirements. I'd suggest waiting until she meets either one of the two requirements mentioned above.

[Nik87]

Thank you for your response @secret.simon.

She arrived in UK in 15 April,2016 and she only had the absences as in the screenshot, none other then these.

As per my understanding on requirements on absence from UK:

• should not have spent more than 270 days outside the UK during the 3 years before your application

For this last three years mean from 2020 which means absence in 2020 and 2021 will be equal to 255 in total which is less than 270 so shouldn't she then meet this requirement?

• should not have spent more than 90 days outside the UK in the last 12 months

Last 12 months mean from January 2022 and she hadn't spent any time outside UK in this period so should be eligible for this one too.

[secret.simon]

If she does not need discretion to disregard any other requirement, I think that she can make the application.

But be aware that the application is risky, as the law allowing discretion on physical presence is only six months or so old.

You may want to spell it out in the application that you want discretion applied on this requirement and that all other requirements have been met.

[Nik87]

Thank you again @secret.simon.

I don't think she need discretion to disregard in any other requirement as I think others are pretty much same as the requirements for ILR was. I only had doubt on the requirement around absence.

I'll really appreciate your thoughts on these two:

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?
Do we say yes in the ILR? or we have to mention all the applications she made Tier2 dependent initial application and extensions?

Proof of living in the UK for Mrs xxxxxx for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen
What will be adequate a proof here Passport with immigration stamps ? or what else can be?

[CR001]

Please be mindful of not posting any personal identifying information. Name of application removed.

Do you have a previous visa, entry clearance or leave to remain where you had to prove your knowledge of English?
Do we say yes in the ILR? or we have to mention all the applications she made Tier2 dependent initial application and extensions?

All immigration applications made where then English requirement had to be met.

Proof of living in the UK for Mrs xxxxxx for 5 years if applying in your own right or 3 years if applying as the spouse of a British Citizen
What will be adequate a proof here Passport with immigration stamps ? or what else can be?

Passport(s) only

[Naly]

I think she might be fine.

Looking at your dates. She was physically in UK in January 2020…her major absent was later in December 2020 transferring over to 2021. E.g if you wait and apply in December 2023 (so in 11 months) she will not meet this requirement because 3 years back in December 2020 she was not physically present in UK. So best to apply in the next few months…

And as you said she has not reached over the 270 days anyway…you could address the long absence in a cover letter that it was due to caring/medical need for relative.

Remember most refusal are due to good character so essential you get that part right by disclosing anything that needs to be disclosed. 100% transparency.

Good luck!

[Nik87]

if you wait and apply in December 2023 (so in 11 months) she will not meet this requirement because 3 years back in December 2020 she was not physically present in UK

@Naly that's a very good point if we delay in applying upto Dec 2023 then the next time she'll be eligible is in Sept 2024

Thank you All for your guidance. I really love the way people guide and help in every possible way they can.