Spouse absences query for citizenship

[crcnaidu]

Hello everyone,
Hope everyone had nice Xmas break. Can someone please help me with the below query regarding my spouse absences outside UK to apply for citizenship in July 2012.
Spouse initially came to UK on Tier 1 Dependant on 24/10/2008
Travelled to India from 16/05/2009 to 25/11/2009 due to maternity – Total 198 days absence
Travelled again to India on 30/07/2011 to 22/10/2011 – Total 85 days
Total absences till date is 283 days
We got ILR on 14/06/2011 and will get eligibility to apply for citizenship on 01/07/2012.
My query is my wife need to visit again to India due to un avoidable family circumstances for 1 month in Jan 2012. If she visits India for 30 days in Jan 2012. The total number of absences will be 115 during last one year , will she be eligible to apply for citizenship in July 2012 with 115 days absence in last 12 months along with me.

Your advice is greatly appreciated

Many thanks

[Jambo]

The main issue is not her absences in the last year but that although a year would pass since her ILR, she will not meet the 5 year residence requirement.

[osteophytes]

The main issue is not her absences in the last year but that although a year would pass since her ILR, she will not meet the 5 year residence requirement.

If his wife applies separately after he gets his naturalisation, the residential requirement will be 3 years. May be that will help

[osteophytes]

Hello everyone,
Hope everyone had nice Xmas break. Can someone please help me with the below query regarding my spouse absences outside UK to apply for citizenship in July 2012.
Spouse initially came to UK on Tier 1 Dependant on 24/10/2008
Travelled to India from 16/05/2009 to 25/11/2009 due to maternity – Total 198 days absence
Travelled again to India on 30/07/2011 to 22/10/2011 – Total 85 days
Total absences till date is 283 days
We got ILR on 14/06/2011 and will get eligibility to apply for citizenship on 01/07/2012.
My query is my wife need to visit again to India due to un avoidable family circumstances for 1 month in Jan 2012. If she visits India for 30 days in Jan 2012. The total number of absences will be 115 during last one year , will she be eligible to apply for citizenship in July 2012 with 115 days absence in last 12 months along with me.

Your advice is greatly appreciated

Many thanks

If your wife wants to apply with you, the residential requirement is 5 yeas and she will not be eligible.

But if you apply in July 2012 and then for your wife after you get the naturalisation, spouse requirements will have to be met.

As far as I know, spouse naturalisation residential requirements are - 3 years in UK, not more than 270 days outside in total and not more than 90 days in the last 12 months. She should also be physically present in UK exactly 3 years before the date of application.

So,

It looks like she needs discretion for the last year (will be outside for more than 90 days).

And - she was physically not in UK from 16th May to 25th Nov 2009. Therefore, she can apply only after 25/11/2012 and so might not need discretion for the 270 day rule as her 6 months absence from May 2009 to Nov 2009 will be before the 3 year period.

If you apply in July 2012, it will most likely be Oct/Nov before you get your naturalisation and your wife can submit her application in Nov.

Check this web page for discretion regarding absences

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/