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Number of days outside the UK for Citizenship

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Alakazam
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Number of days outside the UK for Citizenship

Post by Alakazam » Tue May 26, 2015 1:19 pm

Hi there

This is regarding eligibility for British citizenship via a spouse visa.

When the applicant has been issued a spouse visa and eventually intends to apply for the ILR and subsequently for British citizenship, the number of days stayed outside of the UK in the past 5 years comes into play.

From what I have read, the guidance specifies that the applicant
1. must have spent a maximum of 450 days outside the UK during those five years
2. and no more than 90 days outside the UK in the 12 months before the application for the ILR.

Just wanted to check the exact starting period of these 2 clauses pertaining to number of days outside the UK. Does it start from the time the spouse visa was issued or does it start only from the date of first entry into the UK on the spouse visa.

Moreover, the applicant would be eligible for ILR only after 5 years. Is this 5 years after the visa was issued or 5 years after the first entry into the UK on the spouse visa.

The applicant received the spouse visa on the 2nd of May but needs 2 months before flying to the UK. Hence these questions.

Any advice on this will be appreciated.

Thanks
Best regards
Alakazam

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CR001
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Re: Number of days outside the UK for Citizenship

Post by CR001 » Tue May 26, 2015 1:59 pm

Just wanted to check the exact starting period of these 2 clauses pertaining to number of days outside the UK. Does it start from the time the spouse visa was issued or does it start only from the date of first entry into the UK on the spouse visa. Date of entry

Moreover, the applicant would be eligible for ILR only after 5 years. Is this 5 years after the visa was issued or 5 years after the first entry into the UK on the spouse visa. Date of entry

The applicant received the spouse visa on the 2nd of May but needs 2 months before flying to the UK. Hence these questions. If it is a spouse visa and you have ILR or are British, then the spouse visa will have been issued for 33 months. The extra 3 months is to facilitate traveling to the UK without affecting the relevant 2.5 years visa needed before extension
If you are British, once your spouse gets ILR, the spouse can apply for citizenship as spouse of British Citizen and this is based on 3 years residence immediately after getting ILR and the absence limits are 270 in 3 years and 90 days in last 12 months.
Char (CR001 not Casa)
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