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Naturalisation 3 Yr route: Applicant physically present in U.K 5 yrs ago but absent 3 yrs ago

Posted: Sun Mar 18, 2018 10:24 am
by bharathsb
Dear Forum members,

I am seeking your help with the following query:

I am naturalised as a British Citizen. Previously I was on Tier-1 General visa. My wife entered UK on 17-Jan-13 as PBS dependent. She has now been granted ILR on 9-Jan-2018 as per 5 year residence requirement.

Now we are planning to apply for her British Citizenship via 3 year route. One important requirement that I have noted for naturalisation is that the applicant should be physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives the application 3/5 years back.

The applicant had been to India for maternity from Dec-2014 and returned to UK on 8-Jun-2015. So exactly 3 years ago the applicant was physically not present in UK but Exactly 5 years ago the applicant was physically present in UK.
The applicant was also present in U.K. prior to 3 years 4 months to 5 years. She had been outside of U.K. in this period for only 30 days.

Now My query is, If we make an application now via 3 Year route then will the Home Office consider the fact that the applicant was physically present in U.K. 5 years ago and accept the application or will they reject the application because she was not physically present in U.K. 3 years ago?

Looking forward for your responses.

Many Thanks!!

Re: Naturalisation 3 Yr route: Applicant physically present in U.K 5 yrs ago but absent 3 yrs ago

Posted: Sun Mar 18, 2018 11:53 am
by vinny
Why would they be interested in where she was 5 years ago, if she was applying under the 3 year route?

They will consider her physical presence in the UK 3 years ago, as this is a statutory requirement under the 3 year route.

Re: Naturalisation 3 Yr route: Applicant physically present in U.K 5 yrs ago but absent 3 yrs ago

Posted: Mon Mar 19, 2018 11:29 am
by bluebird12
You can submit the application according to the date back 3 years ago when the person was actually physically present in the UK .

Re: Naturalisation 3 Yr route: Applicant physically present in U.K 5 yrs ago but absent 3 yrs ago

Posted: Mon Mar 19, 2018 1:45 pm
by bharathsb
Thanks a lot Vinny and Bluebird12 for your views. We will wait and will apply for naturalisation only after 8-Jun-18 as exactly 3 years from then the applicant was physically present in UK.