Immigrationboards.com

Hi Experts
Thanks for your help in advance.
• Husband got BC approved on 16/02/2014 and Ceremony on 18 March 2014.
• I am applying on the basis of 3 years residence requirements.
• I was present in UK 3 years before the date of my husband’s ceremony so no issues.
• Entered in UK on 1 July 2010 and its 3 years 8 months resided in UK until now excluding the absences. Absent for 452 days in total until now (3 trips with 44, 92, 316 days absences) .No absences since 1 year after getting ILR (on 3 jan 2013).
1. Can I apply for naturalisation after my husband’s ceremony based on 3 years residence
2. Absences are 452 days in 3 years 8 months period but 450 days are only allowed. Can I still apply or you want me to wait and how long?
3. Is that 450 days allowed in 5 years period but how many days allowed in 3 years period?

Please suggest.

If you are applying as a spouse of BC you are allowed 270 days absence from UK for the 3 year period and 90 days in the final year. For everything more than that you would need to apply for discretion.

When calculating days that you were absent don't include departure and arrival days. For example, if you traveled from 20.02. - 22.02 you were absent only 1 day.

If applying as a spouse of a BC:
The residency requirement is that you were present 3 years prior on the date the HO receives your application - not the date your husband takes the oath. Even if you send the application on 18 March 2014, HO won't receive it until the next business day.

The qualifying period is the 3 years period prior the date you submit your application. In this 3 year period, you must not have been outside of the UK (i) for more than 90 days in the previous 12 month period; and (ii) for more than 270 days in the 3 year period.

For point (i), you satisfy this if you have not been outside the UK since receiving ILR (Jan 2013).

For point (ii), you need to figure out how long you've been outside the UK for the 3 years prior to application. Whilst the requirement is no more than 270 days, the case officer will actually disregard absences of up to 300 days. If your absences are more than 300 days then you'll need to ask for discretion to waive requirement (ii) by demonstrating that you meet all other requirements and you have established your home, family and a substantial part of your estate here. They will waive absences of up to 450 days if you demonstrate this and if you've been resident for 4 years. They will waive absences of up to 540 days if you've been resident for 5 years and demonstrate the aforementioned.

See page 7 of Booklet AN: https://www.gov.uk/government/uploads/s ... let_an.pdf

So, if you do have absences over 270 days over a 3 year period in March 2014, you may want to wait until you've been resident for 4 years (i.e. July 2014) to apply, and ask for discretion for absences as set out above and in Booklet AN.