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Applying for citizenship from ILR (Set M)- specific questions

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

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junebug1981
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Posts: 8
Joined: Wed Jul 12, 2017 11:55 am

Applying for citizenship from ILR (Set M)- specific questions

Post by junebug1981 » Thu Oct 08, 2020 2:55 pm

Hi all, my spouse got an ILR this month based on a Set M five year route (married to a british citizen). Thank you to everyone in the ILR forum for all the information on this application. The BRP has not yet arrived however.

My understanding is that she is now legible to apply for citizenship (does not have to wait one year since ILR as she is married to a British citizen). However, there are still a few criteria that make it a little confusing. Id be grateful if anyone had any advice:

1. We have to prove being in the country exactly 3 years from the application: how does one prove you were in the country? Actually, exactly 3 years ago we were abroad but landed back in England on December 27th 2017. How do we prove we were here on December 27th 2017 or is it all electronically recorded?

2. She has just submitted biometrics last month for the ILR... will she have to re-submit biometrics again for this application? If so, does the date of application start from when we fill the online form in... or the date of the biometrics submission (reason I ask is.. we could apply now and prebook a biometrics appointment for 28th December 2020 for example)... alternatively, we have to apply online on December 28th and then scramble to book a biometrics appointment as per the current covid-19 uncertainty...

3. She meets the resident in the UK for the past year requirement. However the days out of the country over the last 3 years is approximately 560 days - this was purely to stay with me as I was working abroad as part of my medical training (not associated with government / military work).Obviously she wasnt going to stay in the UK whilst I took work abroad! Will discretion allow for thisas it was the British citizen moving abroad, not her circumstances that led to it? (Interestingly the guidelines dont really consider this). She has however been resident in the UK since 2015(ever since marriage). But we did move abroad for just under 2 years for my medical training towards a career in the NHS (2017-2019) and have now been back for over a year. Are we likely to get a rejection anyway based on days out of the country?

Thanks so much!

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CULLINAN
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Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: Applying for citizenship from ILR (Set M)- specific questions

Post by CULLINAN » Thu Oct 08, 2020 2:59 pm

1) Passport stamps.

2) Date of application is when you pay and submit online. If she was in UK only on/after 27th Dec 2017, earliest she can apply is 26th Dec 2020, given she meets the residence requirements.

3) She should not be outside UK for more than 270 days in last 3 years from date of application and 90 days in last 1 year similarly.

https://assets.publishing.service.gov.u ... uly_20.pdf
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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