Covid - Wife Stranded - FLRM

[chokaschoza]

Good Morning,

My wife (Spouse Visa Exp Sep 2021) along with our British child went to Pakistan (First trip overseas) on 31/01/20. She was due to return on 31/03/20 but then Covid happened and her Emirates flight was cancelled. Up until now, we are struggling to find tickets. I am concerned whether consecutive 3 months or longer absence from UK impact her future applications such as FLR M, ILR and Naturalisation. Please advise.

Many thanks in advance.

[CR001]

There is NO absence limit for spouse visa holders!! Should be NO effect on FLR(M) or ILR.

Naturalisation has different laws/rules to immigration applications.

[chokaschoza]

Thank you!

Just checked residence requirements guidance

Residence requirements: section 6(1)
The residence requirements which someone applying under section 6(1) of the
British Nationality Act 1981 are that the applicant was:
• in the UK at the beginning of the period of 5 years ending with the date of the
application
• not absent from the UK for more than either:
o 450 days in that 5 year period
o 90 days in the period of 12 months ending with the date of application
• not, on the date of application, subject under the immigration laws to any
restriction on the period of stay in the UK
• not, at any other time in the 12 month period ending with date of application,
subject under the immigration laws to any restriction on their period of stay in
the UK
• not at any time in the period of 5 years ending with the date of application, in
the UK in breach of the immigration laws
There is discretion to waive the residence requirements except that the applicant
must:
• have been in the UK at the beginning of the 5 year period, unless their absence
was due to serving in HM forces
• be free from time restrictions under immigration law at the time of their
application

Does that means we should not exceed 450 days absence until Naturalisation and this 90 day limit is in 12 months period before Naturalisation which means straight after ILR if we wish to apply Naturalisation after 12 months. Am I right ?

[CR001]

If you are British, she applies under Section 6(2) for citizenship which is based on 3 years residence immediately preceding date of application and it has less absence limit.

Why are you concerning yourself now with a citizenship query. Focus on FLR(M) and ILR first.

[chokaschoza]

If you are British, she applies under Section 6(2) for citizenship which is based on 3 years residence immediately preceding date of application and it has less absence limit.

Why are you concerning yourself now with a citizenship query. Focus on FLR(M) and ILR first.

Thank you!!