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3 years (or) 5 years qualifying period

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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shankar981
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3 years (or) 5 years qualifying period

Post by shankar981 » Mon Dec 24, 2018 7:36 pm

I and my wife came to the UK in 2012 (Aug and Sep respectively) under Tier 2 General Visa. We both were granted ILR in Aug 2017. I was naturalised as a BC in Nov 2018. My wife is planning to apply for BC in Jan 2019. As I am a BC now, will her application be considered under Section 6(2) (3 year qualifying period)?

The reason I am asking is that we were outside the UK on vacation in Jan 2016. The requirement for Section 6(2) states that the applicant must have been in the UK on the day 3 years before the application. If her application will be considered under Section 6(1) (5 year qualifying period), then we are good to apply in Jan 2019.

Appreciate your valued input.

Wish you all a Merry Christmas and Happy New year!

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alterhase58
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Re: 3 years (or) 5 years qualifying period

Post by alterhase58 » Tue Dec 25, 2018 10:26 am

Just apply on a date when you were present in the UK. You can apply under the three year rule if you comply with all the requirements.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Djsuccess
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Re: 3 years (or) 5 years qualifying period

Post by Djsuccess » Wed Dec 26, 2018 10:48 am

shankar981 wrote:
Mon Dec 24, 2018 7:36 pm
I and my wife came to the UK in 2012 (Aug and Sep respectively) under Tier 2 General Visa. We both were granted ILR in Aug 2017. I was naturalised as a BC in Nov 2018. My wife is planning to apply for BC in Jan 2019. As I am a BC now, will her application be considered under Section 6(2) (3 year qualifying period)?

The reason I am asking is that we were outside the UK on vacation in Jan 2016. The requirement for Section 6(2) states that the applicant must have been in the UK on the day 3 years before the application. If her application will be considered under Section 6(1) (5 year qualifying period), then we are good to apply in Jan 2019.

Appreciate your valued input.

Wish you all a Merry Christmas and Happy New year!
Better to apply when you are sure you will be fine if treated as 3 years or 5 years. I believe there was a case here recently when an application was rejected because it was treated as 3 yrs when the applicant was expecting it to be treated as 5 yrs.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

shankar981
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Posts: 64
Joined: Tue Jan 09, 2018 6:21 pm
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Re: 3 years (or) 5 years qualifying period

Post by shankar981 » Thu Dec 27, 2018 10:49 pm

Thanks for the input @Djsuccess

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