Naturalisation and out of UK 500 Days in 5 Years

[Ahmd_64]

Dear Seniors and Friends,

Hope you are all well.
I need to discuss one question about the naturalisation of my wife. She has been out of UK 500 days in last 5 years. Obvious requirement is 450 days in 5 years. She had to stay 6 months in back home when Pandemic was here. 17th of March 2020 to 25th September 2020. It was the time when she stayed back home because of pandemic and PIA Airline was banned by UK. My son was also not well. He was early discharged by Chelsea and Westminster Hospital because corona Cases started in UK.
Is there any chance to apply her naturalisation? If yes then please let me know under what immigration rules she can apply and will be exempted from extra 50 days?

Thanks.
Kindly Regards,
A.W

[alterhase58]

Have a look at the guidance: https://www.gov.uk/government/publicati ... bookmark11
- Total number of absences normally disregarded = 480
- Total number of absences for the 12 months prior to applying? Should be 90 days per guidance, 100 days normally disregarded.
Any excesses will be assessed under the "discretion of the Home Secretary", so if your wife wishes to apply she needs to provide explanations, which you have indicated. If all other requirements are met there might not be any issue with getting the approval. Of course "discretion" is just that.
Alternatively she could wait a year or two to reduce the total absences.

[Ahmd_64]

Thank you for reply.
Sorry i did not check it properly.
Anyway i have one thing my mind which i want to confirm. She came in UK as a my dependent when i was on Entrepreneur Visa. She got ILR because of me.
My question is
Can she apply as a wife of the British Citizen? I am British Citizen and my two Kids also have British Passport. If she applies under a British Husband route she needs to be out of UK 275 days in last 3 years and she is less then 275 days in last 3 years.

Please kindly help in this if i am correct.
Thanks.

[Ticktack]

Thank you for reply.
Sorry i did not check it properly.
Anyway i have one thing my mind which i want to confirm. She came in UK as a my dependent when i was on Entrepreneur Visa. She got ILR because of me.
My question is
Can she apply as a wife of the British Citizen? I am British Citizen and my two Kids also have British Passport. If she applies under a British Husband route she needs to be out of UK 275 days in last 3 years and she is less then 275 days in last 3 years.

Please kindly help in this if i am correct.
Thanks.

Yes she can apply as the spouse of a British citizen. if she meets all the residency requirements, then by all mean go for it.

Please note that she must have been in the UK at the start of the residency period.

[Ahmd_64]

She was out of UK most of the time in first 4 years. She is living in UK since 2019.

[Ticktack]

She was out of UK most of the time in first 4 years. She is living in UK since 2019.

Seems complicated, doesn't it. You need to find a day that she was actually in the UK and work your way up from there.

You can't be constantly out of the UK and expect to meet the residency requirements.

[Ahmd_64]

She came in UK last week of the August 2015 then she was going and coming back. Half of the time here and half of the time there. She is constantly living in UK since 2019 as both kids going to school. We both have shared mortgage of the house which we bought last year.

[Ticktack]

She came in UK last week of the August 2015 then she was going and coming back. Half of the time here and half of the time there. She is constantly living in UK since 2019 as both kids going to school. We both have shared mortgage of the house which we bought last year.

It's not about parental responsibilities or assets, that ends with ILR. Its about being on ground, UK soil. A year is 365 days.

In the last 3 years, going back to June 2020, where was she?
If she was out of the country, when did she come back?
After she came back, what are absences like?
What are absences in the last year before application/day you plan to apply?

These are questions that would help guide you.

[Ahmd_64]

No Absence in last 17 Months (1 year and 5 Months). She was out of UK 189 days in last 3 years.

If i talk on 5 years she was out of UK 499 days.she was out of UK in 2020 when pandemic was all over the world. There was travel restrictions and PIA was also Banned.

[Ticktack]

No Absence in last 17 Months (1 year and 5 Months). She was out of UK 189 days in last 3 years.

If i talk on 5 years she was out of UK 499 days.she was out of UK in 2020 when pandemic was all over the world. There was travel restrictions and PIA was also Banned.

[/You need to find a day that she was actually in the UK and work your way up from there.quote]

At this rate, it would be 2024 before she can apply.