Confused about 5 years or 3 Years

spellish123 · Post by **spellish123** » Mon Feb 11, 2019 5:44 pm

Dear all

My wife is going to apply naturalisation but confused under which category I should apply, I have British passport where as my wife had an ILR which . Here is the immigration history

Date of arrival: 05/11/2013 on PBS Dependant
Date of ILR: 07/11/2018

As I mentioned that i have British passport which i get on 2017

If we apply under 3 years route section 6(2) then she can’t meet the residence requirement which is 270 days but she is Absent about 302 Days.

If we apply 5 years route section 6(1) then she can meet the residence requirement which is 450 days , she was absent about 400 days in last 5 years.

Would you please advice can we apply under 5 years route .?

Will be very greatful

Thanks

Casa · Post by **Casa** » Mon Feb 11, 2019 5:49 pm

spellish123 wrote: ↑
Mon Feb 11, 2019 5:44 pm
Dear all

My wife is going to apply naturalisation but confused under which category I should apply, I have British passport where as my wife had an ILR which . Here is the immigration history

Date of arrival: 05/11/2013 on PBS Dependant
Date of ILR: 07/11/2018

As I mentioned that i have British passport which i get on 2017

If we apply under 3 years route section 6(2) then she can’t meet the residence requirement which is 270 days but she is Absent about 302 Days.

If we apply 5 years route section 6(1) then she can meet the residence requirement which is 450 days , she was absent about 400 days in last 5 years.

Would you please advice can we apply under 5 years route .? Yes, but ensure she was present in the UK on the equivalent date 5 years ago when she submits her application.

Will be very greatful

Thanks

shankar981 · Post by **shankar981** » Mon Feb 11, 2019 7:09 pm

Isn't there is a difference between section 6(1) and 6(2) interms of ILR?

Section 6(1)
not, at any other time in the 12 month period ending with date of application, subject under the immigration laws to any restriction on their period of stay in the UK.

Section 6(2)
not, on the date of the application subject under the immigration laws to any restriction on their period of stay in the UK

As the OP has stated that his spouse got the ILR in Nov 2018, I am not sure if he/she will be qualified under section 6(1).

Casa · Post by **Casa** » Mon Feb 11, 2019 7:18 pm

shankar981 wrote: ↑
Mon Feb 11, 2019 7:09 pm
Isn't there is a difference between section 6(1) and 6(2) interms of ILR?

Section 6(1)
not, at any other time in the 12 month period ending with date of application, subject under the immigration laws to any restriction on their period of stay in the UK.

Section 6(2)
not, on the date of the application subject under the immigration laws to any restriction on their period of stay in the UK

As the OP has stated that his spouse got the ILR in Nov 2018, I am not sure if he/she will be qualified under section 6(1).

Thank you, I missed that. She won't qualify under the 5 year route until November 2019.

spellish123 · Post by **spellish123** » Tue Feb 12, 2019 12:41 am

Dear Casa and Shankar981

https://www.gov.uk/apply-citizenship-in ... -to-remain

Apply for citizenship if you have indefinite leave to remain or 'settled status'

Eligibility and fees

You’ll usually be able to apply for citizenship if you’re over 18 and have had one of the following for 12 months:

indefinite leave to remain in the UK
‘settled status’ (also known as ‘indefinite leave to remain under the EU Settlement Scheme’)
indefinite leave to enter the UK (permission to move to the UK permanently from abroad)

You will not need to wait 12 months to apply if you’re married to a British citizen.

You may have lost your indefinite leave to remain or enter if you’ve been away from the UK for more than 2 years at any time since you got it, or 5 years if you have settled status (subject to approval by Parliament).
You must also:

prove you were in the UK exactly 5 years before the day the Home Office receives your application
prove your knowledge of English, Welsh or Scottish Gaelic
have passed the life in the UK test
intend to continue living in the UK
be of good character - read Naturalisation booklet AN

Residency requirements
You should have lived in the UK for at least 5 years before the date of your application.

You cannot include any time spent in the UK when you’re exempt from immigration control (for example, as a diplomat or member of visiting armed forces).

You should also not have:

spent more than 450 days outside the UK during those 5 years
spent more than 90 days outside the UK in the last 12 months
broken any UK immigration laws (for example living illegally in the UK)
How much it costs
It costs £1,330 to apply.

spellish123 · Post by **spellish123** » Tue Feb 12, 2019 3:57 pm

Admin please response

vaza · Post by **vaza** » Tue Feb 12, 2019 4:59 pm

The text you quoted is an explanation, not legal. The guidance for the AN form is more accurate and you should follow that instead. As mentioned earlier 3 years is your best bet now or wait a few months and reduce the absences. Note that being present in the UK exactly 5/3 years ago cannot worked around. Apparently HO can allow you to restate you application date or even refund most of your fee in some circumstances, but you will be lucky, I would say.

Have a look at the internal instructions

https://assets.publishing.service.gov.u ... retion.pdf

It's very detailed and exact. There is some discretion but the onus is on you to persuade them. There are lots of options, judge your case on what you can use. Also, there is an extra requirement on absences in the last year alone. If one is absent a lot in last year AND last 3/5 years, then discretion diminishes.

spellish123 · Post by **spellish123** » Thu Feb 14, 2019 4:03 pm

Dear all

Absences from the UK

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5year qualifying period.

This info is from Booklet AN guidelin, please advice does it mean if person who is suppose of BC and spend 5 years in UK that person can apply either 3 year or 5 year qualifying period.

As my wife she had an ILR since Nov 2018 but she isn’t qualifying in 3 year as she was away more than 300 days but she is qualifying 5 year route. According to above paragraph i think we ll be fine. Please advice

shankar981 · Post by **shankar981** » Thu Feb 14, 2019 8:47 pm

spellish123 wrote: ↑
Thu Feb 14, 2019 4:03 pm
Dear all

Absences from the UK

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5year qualifying period.

This info is from Booklet AN guidelin, please advice does it mean if person who is suppose of BC and spend 5 years in UK that person can apply either 3 year or 5 year qualifying period.

As my wife she had an ILR since Nov 2018 but she isn’t qualifying in 3 year as she was away more than 300 days but she is qualifying 5 year route. According to above paragraph i think we ll be fine. Please advice

I was in a similar situation/dilemma in Jan. I was offered this piece of advice by a senior member.
british-citizenship/3-years-or-5-years- ... l#p1721595

Besides, the otherwise part highlighted could also mean "If you are not married to or in a civil partnership with a British citizen". I will let someone who are aware of the rules to advise.

spellish123 · Post by **spellish123** » Sun Feb 17, 2019 10:41 am

Can someone advice plz

Dear all

Absences from the UK

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5year qualifying period.

This info is from Booklet AN guidelin, please advice does it mean if person who is suppose of BC and spend 5 years in UK that person can apply either 3 year or 5 year qualifying period.

As my wife she had an ILR since Nov 2018 but she isn’t qualifying in 3 year as she was away more than 300 days but she is qualifying 5 year route. According to above paragraph i think we ll be fine. Please advice

spellish123 · Post by **spellish123** » Mon Apr 29, 2019 12:15 pm

Hi

Please see this link

british-citizenship/please-advice-on-wh ... l#p1600103

I am in same situation, please guide me as Secret Simon mention that applicant apply for both options which 6(1) 6(2). BUT HOW ?

Thanks
Tanzeel

alterhase58 · Post by **alterhase58** » Mon Apr 29, 2019 12:53 pm

spellish123 wrote: ↑
Mon Apr 29, 2019 12:15 pm
Hi

Please see this link

british-citizenship/please-advice-on-wh ... l#p1600103

I am in same situation, please guide me as Secret Simon mention that applicant apply for both options which 6(1) 6(2). BUT HOW ?

Thanks
Tanzeel

If you can satisfy the requirements for both options you can apply for either - you just provide the evidence for either three or five years.

spellish123 · Post by **spellish123** » Mon Apr 29, 2019 1:16 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 12:53 pm

spellish123 wrote: ↑
Mon Apr 29, 2019 12:15 pm
Hi

Please see this link

british-citizenship/please-advice-on-wh ... l#p1600103

I am in same situation, please guide me as Secret Simon mention that applicant apply for both options which 6(1) 6(2). BUT HOW ?

Thanks
Tanzeel
If you can satisfy the requirements for both options you can apply for either - you just provide the evidence for either three or five years.

As she was away 302 days if we count for 3 years and 450 days for 5 year route also less than 90 days in last year. According to this she is satisfying 5 year requirements:

But i want to make sure where is written that Home office giving us choices .?

Thanks for your reply, if i apply under 5 years section 6(1) does my wife need to wait 12 months after obtaining her ILR or she can apply without completing 12 months .

Is there any successful case similar to mine.

alterhase58 · Post by **alterhase58** » Mon Apr 29, 2019 1:58 pm

UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).

spellish123 · Post by **spellish123** » Mon Apr 29, 2019 8:02 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).

In your case , were you absent more 270 days ? What was your case

I copy this info from AN guideline

Absences from the UK during your residential qualifying period will be considered in the following way:

6(2) application 3-year qualifying period (applicants married to, in a civil partnership with, a British citizen)

Absences normally disregarded only if:
• you meet all other requirements
and
• you have established your home, family and a substantial part of your estate here.
900 days
Please note: if your absences are up to 730 days we would expect you to have been resident in the UK for the last 7 years.
For absences exceeding 730 days we would expect you to have been resident in the UK for the last 8 years unless the absences were a result of one of the reasons given below.
540 days
Please note: if your absences are up to 450 days we would expect you to have been resident in the UK for the last 4 years.
For absences exceeding 450 days we would expect you to have been resident in the UK for the last 5 years unless the absences were the result of one of the reasons given below.

spellish123 · Post by **spellish123** » Wed May 08, 2019 1:37 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).

british-citizenship/refused-application ... 74696.html

Bit confused after read the link above, need advice

CR001 · Post by **CR001** » Wed May 08, 2019 2:00 pm

spellish123 wrote: ↑
Wed May 08, 2019 1:37 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).
british-citizenship/refused-application ... 74696.html

Bit confused after read the link above, need advice

The topic link is from 2014 and not the same circumstances as the posters spouse did not have 5 years residence.

spellish123 · Post by **spellish123** » Wed May 08, 2019 2:32 pm

CR001 wrote: ↑
Wed May 08, 2019 2:00 pm

spellish123 wrote: ↑
Wed May 08, 2019 1:37 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).
british-citizenship/refused-application ... 74696.html

Bit confused after read the link above, need advice
The topic link is from 2014 and not the same circumstances as the posters spouse did not have 5 years residence.

Thanks you so much for your response, so my wife fullfil the 5 years requirement,in my scnerio my wife doesn’t qualify 3 years period as she was absent 304 days but she is fine for 5 years qualify time, she has 89 absents in last 12 months and she got her ILR in nov 2018 , i have British passport

So she will fine plz confirm

Thanks

dnz34 · Post by **dnz34** » Fri Jul 26, 2019 1:42 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).

Hi alterhase58,

to applying 3 or 5 year basis is just providing the documents for 3 / or 5 year ?

thanks

dnz34 · Post by **dnz34** » Fri Jul 26, 2019 1:49 pm

spellish123 wrote: ↑
Thu Feb 14, 2019 4:03 pm
Dear all

Absences from the UK

To satisfy the residence requirement you should not have been absent for more than 90 days in the last 12 months. If you are married to or in a civil partnership with a British citizen the total number of days absence for the whole 3-year period should not exceed 270. Otherwise, you should not have been outside the UK for more than 450 days in the 5year qualifying period.

This info is from Booklet AN guidelin, please advice does it mean if person who is suppose of BC and spend 5 years in UK that person can apply either 3 year or 5 year qualifying period.

As my wife she had an ILR since Nov 2018 but she isn’t qualifying in 3 year as she was away more than 300 days but she is qualifying 5 year route. According to above paragraph i think we ll be fine. Please advice

Hi @spellish123

did you apply for bc for your wife please ? im in the same situation as my absences is 372 day last 3 years.
i was planing to yplay as 5 year route but still dont know how to..

regards

alterhase58 · Post by **alterhase58** » Fri Jul 26, 2019 9:30 pm

dnz34 wrote: ↑
Fri Jul 26, 2019 1:42 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).
Hi alterhase58,

to applying 3 or 5 year basis is just providing the documents for 3 / or 5 year ?

thanks

Yes,provide documents for five years and no need to provide spouse passport copy.

dnz34 · Post by **dnz34** » Fri Jul 26, 2019 9:53 pm

alterhase58 wrote: ↑
Fri Jul 26, 2019 9:30 pm

dnz34 wrote: ↑
Fri Jul 26, 2019 1:42 pm

alterhase58 wrote: ↑
Mon Apr 29, 2019 1:58 pm
UKVI will know under which you apply - personally in my case applied on five year basis, documents covering five years, married to BC and got 6(1) on the certificate (at the time didn't even know what 6(1) or 6(2) meant!).
Hi alterhase58,

to applying 3 or 5 year basis is just providing the documents for 3 / or 5 year ?

thanks
Yes,provide documents for five years and no need to provide spouse passport copy.

Thank you very much for your response..
when you fill the form did you choose the spouse as British citizen and also did you send marriage certificate please ?

I’m just confused with all the 3-5 period ?

alterhase58 · Post by **alterhase58** » Sat Jul 27, 2019 6:58 am

Thank you very much for your response..
when you fill the form did you choose the spouse as British citizen and also did you send marriage certificate please ?

I’m just confused with all the 3-5 period ?

At the time it was the paper form, not familiar with what options you have online.
Did not provide marriage certificate and no specific choice for spouse of BC.

dnz34 · Post by **dnz34** » Sat Jul 27, 2019 11:55 am

alterhase58 wrote: ↑
Sat Jul 27, 2019 6:58 am

Thank you very much for your response..
when you fill the form did you choose the spouse as British citizen and also did you send marriage certificate please ?

I’m just confused with all the 3-5 period ?
At the time it was the paper form, not familiar with what options you have online.
Did not provide marriage certificate and no specific choice for spouse of BC.

thank you,

ill just fill the form as usual probably.
im not going to send any sporting document for my spouse.

Alewidnow · Post by **Alewidnow** » Fri Aug 02, 2019 5:20 pm

When you fill in the online form it asks if and are married and then also your spouse's details.
It must then automatically put you on the 3 year route because it then asks for the British spouse's passport and marriage certificate as some of the documents to send.

What would happen if you have had ILR for over a year and then didn't send the spouse's passport and marriage certificate, even though they were requested.
Would the caseworker automatically process the application on the 5 year route?

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