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Residency Qualifying period

Posted: Sat Jun 08, 2013 7:37 pm
by ya75khan
Hi Guys,
I have a very simple question. I have searched a lot but not getting a definite answer.

In the case of spouse of British Citizen, three year residency is required.

Does this period has to be immediately before the application being made?
i.e.
If a spouse remain in UK from Jan 2010 to January 2013 ( more than three years and all criteria of residency are met).
Then goes abroad for six months.
Can he then apply for naturalization on the basis of the 3 year period he spent ending in January 2013? even though he has spent six months abroad subsequently?

Posted: Sat Jun 08, 2013 8:45 pm
by Ayyubi72
It has to be immediately before the application date.

For naturalisation, your have to count everything backwards form the date of application. You have to count three years backwards from date of application.

Posted: Sat Jun 08, 2013 8:46 pm
by ban.s
residential qualifying period is from the date of application (ie date application received by UKBA) counting backward 3 years (or 5 years).

Posted: Sat Jun 08, 2013 9:30 pm
by Ayyubi72
ban.s wrote:residential qualifying period is from the date of application (ie date application received by UKBA) counting backward 3 years (or 5 years).
I said that already :lol:

Posted: Sat Jun 08, 2013 10:18 pm
by Amber
You are confusing residence and presence.

1 - you must have been resident in the UK either 3 or 5 years, but for permitted absences and

2 - you must have been physically present in the UK either 3 or 5 years prior to the HO receiving the application.

You must also be careful as travelling outside for 6 months + during your application could raise questions about your future intentions.