Immigrationboards.com

dear moderator I have a query for registration as British citizen.

my one of my friend came to the UK in 2008 under HSMP category and then he applied tier 1 G extension and after extension he applied visa for his family under tier 1 G dependants category therefore, his family came to the UK in July 1 2010 but after one month his family went back to home country due to his wife severer sickness after that in July 01, 2011 his family came to the UK again however they again went back to home country due to his mother in law blood cancer sickness and his wife is only daughter of her parent so she went back again to attend her mother then she came to the UK again in December 2012 to present during this period my friend has got his ILR in December 2013 on the basis of tier 1 G after that he did apply ILR for his family (wife + 2 kids) under tier 1 G dependants category and now their application is under progress the question is :

Now my friend is eligible to apply for his British nationality (One year has been done after ILR) but he wants to apply his family British nationality with him if once they have got their ILR but his wife was absent from the UK which are almost 766 days out of 55 months so please can you clear that she can apply with him or not ?

dates of absent
entry clearance is 01-07-2010
01-08-2010 to 30-06-2011 (300 days)
02-10-2011 to 06-12-2012 (426 days)
25-07-2014 to 05-09-2014 (40 days)

total absent days are : 766 days

please let us clear about this confusion many thanks

She would need to hold ILR for 1 year if her spouse if not British and she applies on the basis of 5 years residence. However, it is likely that she would face a refusal due to her excessive absences as the absence allowance on the basis of 5 years residence is 540 days in total with no more than 90 days in the final 12 months before application. She would have to request discretion by the caseworker, which is not guaranteed. She would need to make 100% sure she was physically present in the UK exactly 5 years before on the date HO receives her application, a refusal if she was not.

If she applies after her spouse becomes British, then it is based on 3 years residence and the absence allowance is 270 days in the 3 years and the same 90 days in the final 12 months. She would not have to wait 1 year on ILR to go this route but would need to make 100% sure she was physically present in the UK exactly 3 years before on the date HO receives her application, a refusal if she was not.

Either way, she would need ILR first.

In addition to what CR001 said please regarding absences that over 730 days.
Page 7 & 8:
https://www.gov.uk/government/uploads/s ... ooklet.pdf

dear CR001 Thanks for your clarification so if she want to go on three years route then she have to wait her ILR first and also wait for her husband British nationality and then she can apply as a spouse of British person but what about his children? can they apply with my friend or not? they are under 10 years old and secondly they are leaving with my friend since 12-2012 to present.

if she want to go for 3 years route after her husband British nationality then which period will H.O count as a starting date of three years will it be from 01-07-2010 or 02-07-2011 or 07-12-2012 ?

thanks

Children can possibly apply with your friend.

If the spouse applies once your friend is British and on the basis of 3 years residence, the qualifying period is the 3 years immediately preceding the date of application for citizenship.

Thanks CR001

Dear CR001 please clear one more thing that my friend going to apply his British nationality in January but his passport and BRP card has already been submitted to H.O in support of his family application therefore, according to form AN any body can submitted their driving license instead of passport and H.O ILR approval latter instead of BRP and residence deviance can be prove by employer Job history latter is that true? he can go a head with this ? please clear this thanks