Re: Naturalisation Holiday Period for Dependant Visa Holder

[Vivek112]

Hello Team,

My wife is applying for Naturalization as she is eligible based on the PBS Tier 2 dependant + ILR route. I obtained a British passport in 2020.

Question: 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.

My wife spent more than 270 days outside the UK in the last 3 years, but if we consider the last 5 years, she was outside for less than 450 days. My question is, can we mention the total of 5 years instead of the last 3 years for holidays?

We are about to apply and wanted to double-check this, please

[alterhase58]

She has to satisfy the requirements for the 3 year route, otherwise she has to apply for the 5 year route, applying aS an individual not relying on spouse. Means she has to wait 12 months from gaining ILR. Can’t swap requirements.

[contorted_svy]

Hello Team,

My wife is applying for Naturalization as she is eligible based on the PBS Tier 2 dependant + ILR route. I obtained a British passport in 2020.

Question: 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.

My wife spent more than 270 days outside the UK in the last 3 years, but if we consider the last 5 years, she was outside for less than 450 days. My question is, can we mention the total of 5 years instead of the last 3 years for holidays?

We are about to apply and wanted to double-check this, please

When did she get ILR? If less than 12 months, she is not eligible to apply in her own right and use the 450 days limit. Keep in mind that in the last year absences have to be less than 90 days either way. May I ask precisely how many days she was absent overall? There are a few cases where discretion can be exercised.

[Vivek112]

Thanks for the reply @contorted_svy

She obtained ILR in April 2022, making her eligible to apply for naturalization since April 2023.

In the last year, she spent 21 days outside the UK. In the last 3 years, it was 274 days, and in the last 5 years, it was 380 days.

From my understanding, she satisfies the requirements for both 1 year and 5-year total holidays isn't ?

[contorted_svy]

She can apply under Section 6(2) as spouse of a British citizen as up to 300 days of absences are normally disregarded.

She can also apply in her own right. Just don't declare she is married to a British citizen, so her application will be processed under Section 6(1). Either way it will be OK because her absences are only slightly over the limit for the 3 years.

[Vivek112]

Yeah, agree.

Thanks for confirming.

[Vivek112]

Hey, One last question when submitting documents,
Q: Proof of living in the UK for Mrs xxxxx for 5 years if applying in your own right?

Is that Utility bills or ILR BRP(Already there is a separate option for this) or Scanned full Passport pages?

Which one is correct, please?

[contorted_svy]

Scanned full passport pages covering the qualifying period if passport gets stamped. ILR BRP is needed to prove ILR. Utility bills not needed for naturalisation.