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Moving out from UK permanetly after ILR

Posted: Wed Nov 27, 2013 2:42 pm
by blessco_system
I got British citizenship though Tier-1 route.
My two kids are British citizen by birth.
My wife has ILR since July 13 and becomes eligible to apply for naturalisation in July 14. We are moving out from the UK for 5 months due to some family commitments back home. According to UKBA guidelines If absence from the UK are between 101 and 180 days in total during the final year, they normally disregard the absence if:

- you have met the residence requirements over the qualifying period; and
- you have demonstrated a link with the UK by establishing your home, family and a large part of your estate here.

can someone please advise would she be fine to apply for naturalisation after 5 months residence break by demonstrating that her family (husband/kids) are British?

Many Thanks in advance

Posted: Wed Nov 27, 2013 2:48 pm
by Amber
How long has your spouse been in the UK?

Posted: Wed Dec 04, 2013 12:02 pm
by blessco_system
Thanks @Amber_

She came to the UK in July 2011 so nearly 2 and a half years since she is here for.

Posted: Wed Dec 04, 2013 3:07 pm
by Jambo
It is difficult to predict if the caseworker would apply discretion. If she want to play safe she can wait 9 months after her return and apply then. This way she will meet the requirements.