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Naturalisation - Absence from UK for a dependent

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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kiran_guru
Newly Registered
Posts: 12
Joined: Tue Oct 13, 2015 5:19 am

Naturalisation - Absence from UK for a dependent

Post by kiran_guru » Sun Dec 08, 2019 10:18 pm

Hello,
I am on ILR (Got after being on tier 2 general visa for 5 years) for 11 months and completing 12 months Jan 22, 2020
My wife has be granted ILR on 1 Dec 2019, we got her ILR delayed as she was out of the country. She has been on the dependent visa and been in the country for over 5 years currently. She was on maternity leave and visited family in India this year we just noticed that she spent a total of 140 days out of the country.

My question is can i apply for our naturalisation application together in Jan 23, 2020?
1. Is she eligible to apply with me in January 23, 2020? She would have been in the country for over 5 years but would have not held the ILR for 12 months?
2. will her absence from UK for over 90 days be considered?
3. If she applied after i get citizenship, will that not consider the number of days absent from UK ?
4. Does she need to wait 12 more months before she can apply for citizenship? Please advise

Thanks
Guru

secret.simon
Moderator
Posts: 11202
Joined: Thu Feb 21, 2013 9:29 pm

Re: Naturalisation - Absence from UK for a dependent

Post by secret.simon » Sun Dec 08, 2019 10:55 pm

kiran_guru wrote:
Sun Dec 08, 2019 10:18 pm
1. Is she eligible to apply with me in January 23, 2020? She would have been in the country for over 5 years but would have not held the ILR for 12 months?
She needs to have held ILR for at least one year if her spouse was not a British citizen (i.e. already issued a naturalisation certificate after a citizenship ceremony) on the date of her application. It does not sound like that would be the case.
kiran_guru wrote:
Sun Dec 08, 2019 10:18 pm
3. If she applied after i get citizenship, will that not consider the number of days absent from UK ?
There are absences requirements in both cases (whether or not you have British citizenship).
kiran_guru wrote:
Sun Dec 08, 2019 10:18 pm
4. Does she need to wait 12 more months before she can apply for citizenship? Please advise
Also see (1) above.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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