Earliest date to apply for British Citizenship

[Batasha]

Hi,

I entered UK on 4th Feb. 2012 under a Spouse Visa so, I would like to know when I should apply for my British Citizenship. I know I have to calculate 3 years back and identify the date to apply but I am not sure if it will be end of Jan 2015 or beginning of Feb 2015.

Thanks for your help in advance.

Batasha

[MPH80]

The rule is that on the date of application you must have been physically present in the UK.

So if you entered on the 4th (and weren't here before that date ever) - the earliest you can apply is 3 years from the 4th.

Then you have to meet the other residential requirements (270 over three and 90 in the last year).

[Batasha]

I was in UK before in Student Visa and tourist visa but the period between the last tourist visa and spouse visa was more than 6 months so, I understood that any period prior to my entry on Feb 2011 will not count!!!!! Please correct me if I am wrong.

This means the earliest date to apply would be 4th Feb 2015..

[MPH80]

The law is specifically that you were legally present in the UK 3 years before you apply for citizenship.

You must have no more than 270 days absent in the UK between that date and the date of application and no more than 90 days in the last year.

So if you were present in the UK legally (e.g. even a visit visa is fine) on the 6th December 2011 and met those absence numbers then you could apply tomorrow.

[Batasha]

Thank you MPH80 for your prompt reply.

I will check the dates and let you know exactly.

I didn't exceed the 270 days rule for last 3 years but in last year i spent 99 days which I think the Home Office would usually accept without discretion.

On the other hand , I thought I still have to satisfy the 1 year requirement after the ILR.

[Batasha]

So, is the earliest date to apply will be 4th Feb, 2015??

Thanks for your help,

[MPH80]

If you are still married - then you can apply on the date you meet the requirements I outlined above.

[sagareva]

Thank you MPH80 for your prompt reply.

I will check the dates and let you know exactly.

I didn't exceed the 270 days rule for last 3 years but in last year i spent 99 days which I think the Home Office would usually accept without discretion.

On the other hand , I thought I still have to satisfy the 1 year requirement after the ILR.

you don't need to wait 1 year after ILR if you are married to a BC
but you still do need to get ILR first (if you havent)