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Hello All,

I would like to get your opinion on my situation and best possible option to apply for British Citizenship for me & my wife.

- I came to UK in Dec 2008 on Work Permit. Got ILR in Nov 2013. Completed 1 year after ILR and has completed 5 years stay in UK. So I am eligible for BC.
- My wife came to UK in August 2010. Got ILR in Nov 2013. She is not eligible as she has not completed 5 years in UK.
- I realize there are two options to apply for BC for my wife.
(1) Wait till August 2015 and apply on 5 year stay basis
(2) Apply as Spouse of British Citizen after I get my BC/Naturalization certificate.

- In both cases, she should not be out of country for more than 90 days in last year i.e 2015.
- She will have to travel to India for 4-5 months (not very clear, how long) in June 2015 as we recently had a baby.

Given my situation, what is the best possible option to apply for BC for me & my wife?
1) Do I apply for my BC now and apply her BC immediately after I get my naturalization certificate? I am not sure whether entire process for both of us will finish before June 2015 (including ceremony/applying for BC/canceling Indian passport etc.)
2) We both apply together after she returns from India (May be in Oct/Nov 2015). She would have completed 5 years stay by then. But she will have more than 90 days absence in her last year. But I heard about for discretion as long as I prove that I have settled here. I have bought a house here and we both pay council tax every month. Will this option work?

Sorry, lengthy post. But your help will be much appreciated.

Regards,
R

She should postpone her trip until she is granted Citizenship, else she should wait at least another year after she returns.

Hello Vinny,

Thanks a lot for your response.

I read about applying for discretion for absences more than 90 days. We can prove that by saying we have settled here and bought a house etc.

Would that not work?

Regards,
R

How may days was your wife absent in the last year?

Hi vinny,

She has not yet travelled to India. She will complete her 5 years oAugust 20 2015 but she is looking to go to India for 3-4 months from June to September 2015.

How will the 90 days absence rule applied?

Technically her last year would be August 20 2014 to August 20 2015 and should she not be absent more than 90 days in this time?

Can you please give your opinion ?

Regards
R

Only 90 days of absences are allowed in the final year. The last day of the final year is the day when HO receives your application.
Anything above that and your wife will have to apply for discretion.

rajee120 wrote: She has not yet travelled to India. She will complete her 5 years oAugust 20 2015 but she is looking to go to India for 3-4 months from June to September 2015.

Milan69 is correct but I would like to point out that 3 - 4 month period is 90 to 120 days and how are you planning to apply in August when she is in India?

You can make your application now, hopefully you'll get it in couple of months. Apply for your wife on 3 years basis, on the same day you have your ceremony and then she can travel as much as she like.

Hi milan69 & akhurshid,

Thanks for your suggestions.

I think applying on 3 year basis is the safest bet although I heard applying for discretion for last year absences more than 90 days (if you can prove that you have settled here) will generally be considered?

However if I decided to apply for her based on 3 year rule when should I apply? I think easiest option is to apply for her citizenship once she comes back from India?

Regards,
R

She may also apply from India as spouse of a British citizen, if she meets all the requirements.

Hello

I have below questions on the process for getting British Citizenship.

1) What is the maximum period before when I should attend Citizenship ceremony? Is it 90 days after getting naturalization certificate?
2) Is there any time period before which I should apply for British Passport after getting Citizenship?
3) Is there any time period before which I should cancel Indian passport?

Regards,
R