Spouse eligibility to apply

[sb86]

Dear all,

I wanted to take your advice regarding my husbands naturalisation application. I have ILR at the moment and I will apply next year. As far as I know my husband can apply after I become a British citizen and he completes 3 years residential requirement.

Next June he will complete over 4 years in the country, however, he had absences in the last 3 years more than 270 days. According to the guide on the ukba website, they can disregard it if he spent less than 450 days outside the country in the last four years, and he shows his family and majority of his estate is here. Will they exercise this rule in my husband case? As he will be absent for less than 450 days in the last 4 years...

I really appreciate your advice as I am not sure if I understood the rules right on the ukba website.

Thanks

[vinny]

The residential period is either 3 years or 5 years, depending on category. Consideration under 4 years will either be too much or too little.

ILR is also required.

[Jambo]

@vinny - the OP refers to 4.1.2(a).

You understand the rule correctly. This is discretion. No one here could guess if the caseworker would apply it or not but if you meet the guidelines, it's very likely to be granted. As vinny pointed out, ILR is also required.

[sb86]

Yes both my husband and I have the ILR at the moment. The plan is that I apply for naturalisation then once I get it, he will apply as we'll on the basis of less than 450 days in the last 4 years.

I was wondering whether there are any documents he needs to provide to show he is settled here or why he was away in 2013?? Or do they just add it up and decide?

[Just Wondering]

Yes both my husband and I have the ILR at the moment. The plan is that I apply for naturalisation then once I get it, he will apply as we'll on the basis of less than 450 days in the last 4 years.

I was wondering whether there are any documents he needs to provide to show he is settled here or why he was away in 2013?? Or do they just add it up and decide?

You're a bit confused.

He can either apply as a spouse of a British citizen who has been resident for 3 years OR someone who has been resident for 5 years (with ILR and all other requirements met).

If he is applying as a spouse of a British citizen, he will have a 3 year qualifying period. The Qualify Period starts from the date of application and is worked back 3 years from that point. Up to 300 absences will be disregarded during the previous 3 year period. Anything above this and up to 540 days, he'll need to ask for discretion to disregard these absences - he needs to meet all other requirements and demonstrate a strong link to the UK (e.g. family here, substantial estate here, residence here).

He will need to explain his excess absences and ask for discretion in question 6.8 (continuing onto page 15) demonstrating why he should be granted it (e.g. his family is here, rents/owns a house here, has substantial assets like pension, investment property, etc. here)

[sb86]

Thanks a lot! And you are right I am really confused.

Yes he should apply as spouse of British citizen (after I get the British citizen). Because he has been away more than 270 days in the last 3 years, he is thinking to apply later than that after 4 years rather than 3 years and demonstrate he was away for less than 450 days (plus showing your family and estate mainly here). This is what I read On the ukba website:

We normally disregard absences of up to 300 days.

If you have been absent for between 301 and 540 days, we will disregard this if you meet all the other requirements and have established your home, family and a large part of your estate here. We would also expect that:

for absences of up to 450 days, you have been resident in the UK for the past four years; or
for absences of more than 450 days, you have been resident in the UK for the past five years; or


Is my understanding right? Sorry if it seems repetitive to some of you....