Qualifying Period

Hi,

I came to UK in 2005 and I have been living legally in UK for the past 9 years. Me and My husband got ILR in Oct-2009.

My Husband got his British citizenship in Oct-2010..

I am planning to apply for my naturalization next week and I would like to know whether I would be considered as on 5 years qualifying period or 3 years qualifying period (spouse of a British citizen). The reason for my question being that I have my NCS appointment on 04-Nov, but I was on holidays and outside UK from 01-Nov-2011 to 15-Jan-2012 (3 years before HO received the application).

However I was physically present in UK during Nov-2009 (5 years before application will received by HO).

So will I considered on a 5 years or 3 years qualifying period. I would like to consider my application on a 5 year qualifying period but no sure how the home office will process my application.

Regards
Divya

So apply on the basis of 5 years and in your own right as meeting the requirements.

You won't qualify on the basis of 3 years until January 2015, so your application would fail and you would lose the fee as you were not present EXACTLY 3 years before on the day HO receives your application.

You could have applied immediately after you husband became British in 2010.

Thanks.

Is this technically feasible to ask HO to process my application against 5 year qualifying criteria, even though I am married to a British Citizen and satisfy 3 year qualiyfing criteria except the point that I won't be physically present in UK exactly 3 years before the date application is received by home office.

I don't see an option to mention in the form to ask HO to process my application based on 5 year qualifying criteria. Will a cover letter be sufficient explaning my situation.

If you have been resident for the last 5 years and hold ILR for one year than you can apply without a problem, regardless if you are married to BC or not.
You have page 15 on AN form where you can inform HO of your case.

5 year basis is under section 6(1) of the nationality act, so this is what you wan to apply under rather than section 6(2) of the nationality which is spouse of British citizen.

https://www.gov.uk/government/uploads/s ... pter18.pdf