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Questions about allowed absence and of the qualifying period for British Citizenship

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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tnila
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Posts: 83
Joined: Sun Mar 31, 2013 5:44 am
India

Questions about allowed absence and of the qualifying period for British Citizenship

Post by tnila » Wed Nov 01, 2023 2:37 pm

Hey guys, me and my wife are in process of application for “naturalisation as a British Citizen”, I have questions about allowed absence and of the qualifying period:

Background:
1. I got ILR via Tier 2 General route.
2. My wife first entered in UK on 11 Jan 2016 on Tier 2 dependant visa.
3. Received ILR on 5 Aug 21
4. Total absence in last 5 years (counting back from 1/11/23) are 360 days, but if I consider total absences since she FIRST (11 Jan 2016) entered in UK comes to 550.

My questions are:

Q1 - Is she in breach of this condition - Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?


Q2 - As per “If you are applying under section 6(1), you must have been in the UK exactly 5 years before your application was received. For example, if your application is received on 05/01/2022 you should have been physically present in the UK on 06/01/2017.” If I am applying on 11/11/2023, mean she should have been physically present on 11/11/2018. She was away from June 2018 till 2 Dec 2018, does it mean I should apply on or after 3 Dec 2023?

Thank you for your help.

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alterhase58
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Posts: 8068
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Questions about allowed absence and of the qualifying period for British Citizenship

Post by alterhase58 » Wed Nov 01, 2023 3:17 pm

tnila wrote:
Wed Nov 01, 2023 2:37 pm
Hey guys, me and my wife are in process of application for “naturalisation as a British Citizen”, I have questions about allowed absence and of the qualifying period:

Background:
1. I got ILR via Tier 2 General route.
2. My wife first entered in UK on 11 Jan 2016 on Tier 2 dependant visa.
3. Received ILR on 5 Aug 21
4. Total absence in last 5 years (counting back from 1/11/23) are 360 days, but if I consider total absences since she FIRST (11 Jan 2016) entered in UK comes to 550.

My questions are:

Q1 - Is she in breach of this condition - Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
She's within the allowance, counting back 5 years from 1/11/23, absences beyond that are not relevant, not sure why you actually consider that option. https://www.gov.uk/government/publicati ... bookmark11

Q2 - As per “If you are applying under section 6(1), you must have been in the UK exactly 5 years before your application was received. For example, if your application is received on 05/01/2022 you should have been physically present in the UK on 06/01/2017.” If I am applying on 11/11/2023, mean she should have been physically present on 11/11/2018. She was away from June 2018 till 2 Dec 2018, does it mean I should apply on or after 3 Dec 2023? No. If you were in country on 11/11 you can apply on or after 12/11, your wife needs to apply on/after 3/12. But of course you could wait and then you apply together. Note this is not an immigration application. This comes under nationality which is separate. Also understand that each applicant is assessed individually, it's not a family or dependent application.

Thank you for your help. You're welcome - just wondering, you are not including the child?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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tnila
Junior Member
Posts: 83
Joined: Sun Mar 31, 2013 5:44 am
India

Re: Questions about allowed absence and of the qualifying period for British Citizenship

Post by tnila » Wed Nov 08, 2023 10:45 am

Thank you, kids are already holding British passport.

(Not sure if it was only me, but I was not able to access this platform for few days.)

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alterhase58
Moderator
Posts: 8068
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Questions about allowed absence and of the qualifying period for British Citizenship

Post by alterhase58 » Wed Nov 08, 2023 10:47 am

The site was down for a few days due to technical issues.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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