Response from my query above, but doesnt really answer my question...:
Dear Mr Amjadi
Thank you for your enquiry regarding your wifes route to British citizenship.
The spouse or civil partner of a British citizen may be granted naturalisation as a British citizen under section 6(2) of the British Nationality Act 1981 if, on the date of application, they:
• are of full age (i.e. aged 18 or more); and
• are of full capacity; and
• are married to/in a civil partnership with a British citizen; and
• meet the residence requirements set out below; and, at the time of consideration:
a. is of good character; and
b. remains of full capacity; and
c. has a sufficient knowledge of the Language and Life in the UK and can provide the appropriate evidence to support this.
The residence requirements referred to above are that the applicant:
a. was in the UK at the beginning of the period of 3 years ending with the date of the application; and
b. was not absent from the UK for more than 270 days in that 3 year period; and
c. was not absent from the UK for more than 90 days in the period of 12 months ending with the date of the application; and
d. was not, on the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK; and
e. was not, at any time in the period of 3 years ending with the date of the application, in the UK in breach of the immigration laws.
You state that your wife wishes to apply for naturalisation in June 2015. Based on this information, her 3 year residential qualifying period would be from June 2012 – June 2015. In accordance with the requirements listed above, she should not have had more than 270 days absences from the UK during these 3 years and should not have had more than 90 days absences from the UK in the final 12 months of her residential qualifying period (i.e. between June 2014 – June 2015).
The Secretary of State does have the discretion to overlook absences from the UK in excess of these limits in limited circumstances. Further details can be found in Chapter 18 Annex B paragraph 5 of the Nationality Staff Instructions available on our website at:
http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/
Before making an application your wife should satisfy herself that she can meet these requirements. The fee for an unsuccessful application will be retained to cover the cost of considering the application.
Regards
Mrs C Richards
Nationality Policy Advisor | Operational Policy & Rules Unit
