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Spouse Stay Requirement

Posted: Thu Aug 29, 2013 12:22 pm
by iDoctor
Hello I have tried to read Home Office Information about Spouse requirement of stay but not able to understand it well so I hope some one can help me. I am going to apply for nationality in september 2013
My wife came to UK in Jun 2008 so she she is going to apply on 5 year route. But she was outside the country for about
500 days during last 5 years and
168 days in last year which is less than 180 days in a year

I am not able to understand these points
4.1.1 Absences totalling 480 (300) days - normally disregard. <-its for 3 year or for 5 years
4.1.2 Total Absences of up to 900 (540) days - <-its for 3 year or for 5 yearsconsider disregarding only if the application is otherwise in order, and if applicants have established their home, family and a substantial part of their estate here. We should also expect:<-how do i proof this point for my spouse ->

and this paragraph I also dont understand a. at least 2(1) years residence (without substantial absences)
immediately prior to the 5(3) year qualifying period. If the period
to be disregarded is greater than 730 (450) days, the period of
prior residence should be at least 3(2) years; or

You can see I have done some research and not blindly asking question here. I appreciate if someone reply me in detail thanks a million

Posted: Thu Aug 29, 2013 12:51 pm
by vinny
See also Can I be naturalised as a British citizen?

The requirements are different, depending on whether or not the applicant is applying as the spouse or civil partner of a British citizen.

Posted: Thu Aug 29, 2013 1:25 pm
by Jambo
The numbers in parenthesis are for applications as a spouse of BC (in which the residential period is 3 years).

The numbers outside the parenthesis are for applications in which the residential period is 5 years.

Posted: Thu Aug 29, 2013 1:27 pm
by iDoctor
She is applying as spouse as I am on ILR and I am going to apply in September can she applied with me trust me I am not able to undertsand this thanks

Posted: Thu Aug 29, 2013 1:28 pm
by iDoctor
Jambo wrote:The numbers in parenthesis are for applications as a spouse of BC (in which the residential period is 3 years).

The numbers outside the parenthesis are for applications in which the residential period is 5 years.
So she can apply Total Absences of up to 900 (540) days as he absence is less than 900 days and less than 180 in last year

Posted: Thu Aug 29, 2013 1:30 pm
by Jambo

Posted: Thu Aug 29, 2013 1:35 pm
by Jambo
iDoctor wrote:So she can apply Total Absences of up to 900 (540) days as he absence is less than 900 days and less than 180 in last year
The application will be at discretion. With such a high number of absences, the chances are not great. Check Q3 in the FAQ for the caseworker guidelines. I would suggest she wait a few months and apply when her absences in the last year are less than 100 days.