Qualifying Period Help please?!

[hussain2017]

Hello;

I require your help.
My grandad is of Pakistani nationality with Indefinite leave to remain. He is above the age of 70 and married to a British Citizen. We are planning to apply for his British Citizenship Naturilization on April 14th 2023.

The issue here is that at 5 year qualifying period, he was present in the UK physically 5 years back from the application date and his absences are total 412 days.

At 3 Year qualifying period (due to wife being british) he was NOT physically present in the UK 3 years back from the application date and his absences were only 200.

He meets the 90 day absences in last 12 month rule under both options.

My question is; DOES HE HAVE TO QUALIFY UNDER THE 3 YEAR PERIOD OR CAN HE STILL APPLY IN HIS OWN RIGHT UNDER THE 5 YEAR QUALIFYING PERIOD (where he was present physically in the UK 5 years back from the application date) ?

Obviously he does NOT meet the condition of being PHYSICALLY PRESENT in the UK 3 years back from Application date. Please help.

[alterhase58]

One can apply under either rule, but can't you choose another day to apply which moves the date 3 years back to when he was present in the UK? A few days or even weeks delay in applying could make it more straightforward. What is the significance of 14th April?

[hussain2017]

Unfortunately not as he wants his application to be submitted as soon as possible.
I cannot chose another date until after 16th June as he was away for 90 days between 19 March 2020 to 16th June 2020 in Pakistan. So going by your answer, He CAN apply based on 5 Year Qualifying Period even though his wife is British? Can you tell me how i would go about doing that? Should i mention his marriage in the application? Should i state “I want to apply on 5 year period in the cover letter”, any special docs i need to present?

Thanks

[alterhase58]

The application will ask whether married and details of spouse. But you can attach a covering note saying it’s an application under the 5 year route. And not add documents about marriage. The result will be the same whether 5 or 3 year route.

[Ticktack]

Unfortunately not as he wants his application to be submitted as soon as possible.
I cannot chose another date until after 16th June as he was away for 90 days between 19 March 2020 to 16th June 2020 in Pakistan. So going by your answer, He CAN apply based on 5 Year Qualifying Period even though his wife is British? Can you tell me how i would go about doing that? Should i mention his marriage in the application? Should i state “I want to apply on 5 year period in the cover letter”, any special docs i need to present?

Thanks

Also note that for him to apply under the 5 year route in his own right, he needs to have held the ILR for 1 year.
That's a period that is overlooked if married to a Brit.

[hussain2017]

My grandfather has held the indefinate leave to remain for 10 years. So would it be ok for him to apply under the 5 year route and not the 3 year route?

[hussain2017]

The application will ask whether married and details of spouse. But you can attach a covering note saying it’s an application under the 5 year route. And not add documents about marriage. The result will be the same whether 5 or 3 year route.

Can you elaborate on what you mean the result would be the same please? Another crucial info i have to tell you is that he has held indefinite leave to remain for 10 years.

[alterhase58]

My grandfather has held the indefinate leave to remain for 10 years. So would it be ok for him to apply under the 5 year route and not the 3 year route?

Yes he can apply on 5 year route - years on ILR is ok as long as it is minimum of 1 - no upper limit.
BTW, years ago I applied under 5 years though I could have gone under 3 years - no issue (and I had ILR/Permanent Residence much longer than your grandfather...

Result = British Citizenship!

[hussain2017]

Great thank you for your help.