Immigrationboards.com

Hi

I will be moving to the UK in August as a dependent with my husband who has a Tier 2 visa. Unfortunately he is likely to spend more than 90 days out of the country and wont be entitled to citizenship after 5 years. I however wont be spending more than 90 days of the year out of the UK, in this case am I entitled to UK citizenship even though my husband is not?

Thanks

You are confusing a few things.

1. On tier 2, you need 5 years residence and then apply for ILR if you meet the requirements. Tier 2 for both of you has absence limit of no more than 180 days in any 12 month rolling period. Excess absence will make both of you ineligible for ILR.

2. To apply for citizenship, Each person must qualify. The 90 days absence is ONLY applicable to the 12 months immediately prior to applying for Citizenship. The total absence in the 5 years immediately prior to citizenship must not be more than 450 days.

3. There is no "dependent" concept for citizenship. If you both have ILR., either of you can apply individually if you meet the requirements and if you wish to. There is no rule that you cannot apply if your spouse does not apply.