Spouse Naturalisation

[lynxukauq]

Hi,

I have a query regarding my spouse naturalisation and was wondering if someone would be able to assist. I have already gone through the materials online and as such would prefer if someone can answer to my query as oppose to direct me to home office links.

My Wife arrived in UK on 22/10/2011 on spouse visa (Date on Visa: 22/09/11 till 22/12/13) and got her ILR on 20/12/2013

Since her arrival in the UK following are her absences

2012 - 26/04 till 10/11
198 Days of absence

2013 - 30/03 till 21/11
236 Days of absence

2014 - 16/09 till 30/10
44 Days of absence

The absences in year 2012 & 2013 were purely medical reasons and hence the long absences, in year 2013 she was pregnant we went abroad for holidays but due to the complication in her pregnancy she was not able to travel as advised by the doctor to have strict bed rest.

Now based on the above information when is she able to apply for naturalisation?

Your valuable response will be much appreciated.

[secret.simon]

Has she travelled at all in 2015? Are you a British citizen?

Assuming that you are, the earliest that she can apply is 11/11/2015. As the spouse of a British citizen, she can apply after 3 years of residence in the UK. But she must have been in the UK exactly three years previous to the date of application. As she was out of the country till 10/11/2012, the earliest that she can apply is 11/11/2015.

The Home Office has no discretion to waive this specific rule as it is laid down in the law passed by Parliament.

[lynxukauq]

Has she travelled at all in 2015? Are you a British citizen?

Yes I am a British Citizen and she has not traveled at all in 2015

[secret.simon]

You mentioned that you did not want links, but they are really good at the detailed explanation part.

See page 7 of the Booklet AN.

Provided you have the evidence of your wife's medical emergencies and can make a good case of it AND provided you apply after 11/11/2015, you are in for a chance.

Remember that disregarding your wife's absences will be at discretion and hence the naturalisation is not guaranteed to succeed.

[lynxukauq]

You mentioned that you did not want links, but they are really good at the detailed explanation part.

See page 7 of the Booklet AN.

Provided you have the evidence of your wife's medical emergencies and can make a good case of it AND provided you apply after 11/11/2015, you are in for a chance.

Remember that disregarding your wife's absences will be at discretion and hence the naturalisation is not guaranteed to succeed.

Many thanks for your reply. I have read through the guideline but really wanted second opinion as the total absences are mounting to 478 days and it says in the guideline that they will disregard it if the person has lived in UK for 5 years.. Even though they have given compelling reasons criteria to disregard it but my wife scenario does not fit in...

[lynxukauq]

If my wife applies on the 11/11/15 she will only need to provide absences for the past three years which would mean the absences in year 2012 (198 days) will not be counted but they would still be able to see it in the passport. And on that basis her total absences will be reduced to 280 in the last 3 years

Am I correct in making the above statement?

[vishpb35]

hi

yes you are absolutely correct ..

Excerpt from https://www.gov.uk/becoming-a-british-c ... sh-citizen

• lived in the UK for at least the 3 years before your application is received
  spent no more than 270 days outside the UK in those 3 years
  spent no more than 90 days outside the UK in the last 12 months
  not broken any immigration laws while in the UK

[lynxukauq]

hi

yes you are absolutely correct ..

Excerpt from https://www.gov.uk/becoming-a-british-c ... sh-citizen

• lived in the UK for at least the 3 years before your application is received
  spent no more than 270 days outside the UK in those 3 years
  spent no more than 90 days outside the UK in the last 12 months
  not broken any immigration laws while in the UK

Thanks for the confirmation...