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Hello members,

I became a BC last year and my wife is applying for 10y LR ILR in August this year.

Can she apply straight away for naturalisation on getting the ILR, without waiting 1 year, since we are married? (Given all other usual conditions are met for naturalisation)?

thanks, SR

Yes if all the 3 year requirements are met.

CR001 wrote: ↑

Wed Mar 18, 2020 1:13 pm

Yes if all the 3 year requirements are met.

Hi CR001,

thanks for this. I was thinking it would be 5 years? (450 days total before applying for BC after naturalisation, and no more than 90 days in last year away, and being in country at the same date 5 years ago). Or is it 3 years in her case?

thanks,
SR

3 years as the spouse of a British citizen. Absence limits are 270 days in the 3 years and the same 90 days in the final 12 months

many thanks CR001!

Are there known cases when applying on 10 years LR route, there was around 100 days over allowed 540 across 10 years, and successful? She currently has 650 days absence. No trips over 180 days in one go.

Thank you,
SR

sky_rise wrote: ↑

Wed Mar 18, 2020 4:33 pm

many thanks CR001!

Are there known cases when applying on 10 years LR route, there was around 100 days over allowed 540 across 10 years, and successful? She currently has 650 days absence. No trips over 180 days in one go.

Thank you,
SR

If the absence is over 540 days in the whole 10 years, she won't qualify and it will likely be refused. HO enforce this quite strictly.

CR001 wrote: ↑

Wed Mar 18, 2020 4:59 pm

sky_rise wrote: ↑

Wed Mar 18, 2020 4:33 pm

many thanks CR001!

Are there known cases when applying on 10 years LR route, there was around 100 days over allowed 540 across 10 years, and successful? She currently has 650 days absence. No trips over 180 days in one go.

Thank you,
SR

If the absence is over 540 days in the whole 10 years, she won't qualify and it will likely be refused. HO enforce this quite strictly.

thank you, we are going to risk it. I was wondering whether there were known successful cases, and what were the arguments in favour of positive discretion decision.

There haven't been any on the forum. Some have had exceptional compassionate reasons and still been refused.

What were the reasons for excessive absence? You do realise you lose the ilr fee if refused.

CR001 wrote: ↑

Wed Mar 18, 2020 5:17 pm

There haven't been any on the forum. Some have had exceptional compassionate reasons and still been refused.

What were the reasons for excessive absence? You do realise you lose the ilr fee if refused.

thank you. Those are on the basis of mental health issues, and largest chunk of absence (160 days) appeared in the first 1.5 year. Apart from that, perfectly in line with travel/out of country.

You are unlikely to be successful.

I will update the forum on the outcomes if we decide to go ahead.