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Hello everyone,

I arrived in the UK on a spouse visa. I received my ILR in February 2013. I am now going for a legal separation and would like some answers to the following questions:

I have been absent from the UK during:
10 Aug 2011 - 10 Sept 2011
27 April 2012 - 10 June 2012
14 June 2013 - 14 May 2014

In total, I have been absent for 408 days. When is the earliest I can apply for citizenship?

newbiepk wrote:Hello everyone,

I arrived in the UK on a spouse visa. I received my ILR in February 2013. I am now going for a legal separation and would like some answers to the following questions:

I have been absent from the UK during:
10 Aug 2011 - 10 Sept 2011 -29
27 April 2012 - 10 June 2012 -45 days
14 June 2013 - 14 May 2014 - 334 days

In total, I have been absent for 408 days. When is the earliest I can apply for citizenship?

Since you are going for a legal separation therefore you cannot apply as spouse of BC so 3 year’s qualifying period will not apply on you, you have to live in UK for 5 years, with the final 12 months on ILR.
You did not mentioned when you arrive in UK so it is difficult to tell at this point unless you share all the dates.
Normal permitted absence in final 12 months of your qualifying period are 90 days while the total permitted absence are 480 days. But there are few scenarios where more than these absence are disregard.

You can workout using this Booklet AN

Thanks for the reply. I arrived in the UK on 27 September 2010. I read on the UKBA website as long as your status is married, you can apply for citizenship after 3 years as long as eligibility criteria is satisfied. Please confirm if my knowledge of this is correct.
I went to Pakistan for 10 months to seek family support because of marriage breakdown. Because of this I have exceeded my number of absences allowed, can I still apply?

newbiepk wrote:Thanks for the reply. I arrived in the UK on 27 September 2010. I read on the UKBA website as long as your status is married, you can apply for citizenship after 3 years as long as eligibility criteria is satisfied. Please confirm if my knowledge of this is correct.

Your knowledge is correct. For spouse of BC the qualifying period is 3 year. But if relationship broken after the ILR then qualifying period will be 5 years

newbiepk wrote: I went to Pakistan for 10 months to seek family support because of marriage breakdown. Because of this I have exceeded my number of absences allowed, can I still apply?

Are you still spouse of British Citizen? If not you will be eligible on 28th September 2015.

By legal separation my status remains Married, so I will still be British person's spouse.

newbiepk wrote:By legal separation my status remains Married, so I will still be British person's spouse.

In this case if you can apply on 16th Nov 2014 but you have to request to disregard your absence , meet all other requirements and prove that you have established your home, family and a substantial part of your estate here.

On applying 16th Nov 2014 means that , in last 12 months ( from 16th Nov 2013 to 16th Nov 2014) you will be absent 179 days, and in last 3 years (from 16th Nov 2011 to 16th Nov 2014) you will be absent 378 days.

If you can't prove that "you have established your home, family and a substantial part of your estate here" then you have wait till 18th July 2016 and can't afford even a single absent till that time. because from 18th July 2013 till 14th May 2014 you are already absent 300 days which are maximum number of absents normally disregarded without any question.


I think you need some expert opinion, so either wait until some senior member especially Guru respond on this or better to get advice from immigration experts.

Thanks for the prompt response. I think I will wait for another advice on this, but I have taken your advice into my consideration

If you have been absent for more than 180 days in the final year your application will most likely be refused.
Page 7-8:
https://www.gov.uk/government/uploads/s ... let-an.pdf

Hi there,

I need your expert advice.

I'm british Citizen,

My wife is first entered Uk in 2008 as WP dependent and went to india for delivery my first son and return back to UK as tier1 dependent in Jan 2010 and went to india in Sept 2011 for my second child delivery and return to UK in June 2012 as ILR dependent from there she is in UK. She got ILR in 3 weeks back.She have some health conditions so that she went to India in both occasions(delivery)

In last 12 months she is out of UK only 36 days . In last 3 years she is out of UK intotal 311 days(275 for my second child delivery).

Is she is eligible for applying naturalization?
I have own house from 2008, investments and pension in the UK.

Thanks
Ravera

If she is applying as a spouse of BC for any absences over 300 days in the last years she would need to apply for discretion. Having made UK a home with a family and having large part of your estate here does help.

Thank you. I will apply in next month