More than 90 days absent in the last 12 months

[alia84]

Dear All,

I have a concern/query regarding my wife’s spouse visa and her road to getting naturalisation. I am a UK born national and my wife is an Iranian national. I have been given the opportunity to work in Dubai for several years starting roughly in August 2014. I understand that my wife can apply for a ILR 28 days before her visa expires and that she needs to pass the Life in UK test as well as prove that she can speak and listen at B1 English level prior to applying.

Further, I understand that she would need to be in the UK for 3 years before applying for naturalisation and within this 3 years she cant be out of the UK for more than 270 days and not more than 90 days in the last 12 months of the three years.

The UK is where I was born, its my home and I fully intend to return back once my time in Dubai is over. However, my concern is that I don’t want to leave my wife all on her own whilst I am away. By the time I move she will be roughly 3 months into her ILR and she cant leave the UK for more than 90 days. If she was to join me for more than 90 days in Dubai would it hinder her chances of getting naturalisation, say for example for only 180 days (6 months)?

My wife’s background information:

Visa Type – Spouse Visa
Issue Date – 26th June 2012 (old rule applies)
Expiry Date – 26th June 2014

Date we intend to apply for ILR – 26th May 2014
Date we intend to apply for naturalisation – 26th June 2015
Current number of days out of the UK – Approx 70 days

Many thanks for your time and help on this matter.

[vinny]

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