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Because of an emergency my wife and I had to travel abroad to be with our family and we've had to delay our stay for much longer than expected.

I already have citizenship and my wife has ILR, but she was thinking about applying for citizenship this year. However, it's looking likely that, because of the current absence, she'll exceed the 90 day maximum absence in the last year before application.

Do you know if there is much leeway on how this 90 day rule is interpreted? I read somewhere that up to 100 days is probably OK and we're hoping we won't exceed that threshold, but we've already had to cancel our return at the last minute before.

Also, just to note that despite this absence, she doesn't come close to the maximum absences for the five-year period (or three year if she were to apply as the wife of a UK citizen), she has been working from here (i.e. UK-employed and paying taxes and NI contributions in the UK while away) and we own our own (mortgaged) home in the UK (if that is of any relevance).

thanks as always

I just responded to a similar question from another member:

british-citizenship/my-friend-on-pr-sta ... l#p1992647

Thanks. Replied to that thread. maybe this thread can be closed now

Hi all. My wife has finally decided to apply for citizenship. She could apply via the marriage route (we've been married for 9.5 years and I became a British Citizen four years ago) or she could apply via the ILR route (she's been living here for 9.5 years, initially as the spouse of a Tier 2 via holder, and got ILR at the same time as me, some 5.5 years ago now).

Is there any advantage or disadvantage to either route?

She's had full time jobs for the past eight years or so and we jointly own our home, so she would not need to prove that I'm able to support her (if that were needed).

Also, as per my last post, we just came back from spending exactly 100 days away from the UK (but mostly working from there while caring for a sick parent). I know that discretion is exercised for stays away for up to 100 days in the last year but, just in case, I don't know if an application through marriage more easily dispels any concerns.

Finally, don't know if this has any relevance in the post-brexit world but we got married in the Netherlands and our marriage certificate is from there. While this was used for the original Tier 2 spouse visa, I don't know if now it would require some sort of certification or anything like that. The certificate is in multiple languages, including English.

The only advantage taking the British spouse route seems that you only have to document 3 years of residence - the result (British citzenship) will of course be the same, also no evidence that it's faster.

Sorry to bump this up but I just had an additional question. Am I right to think that as she is the spouse of a British citizen (i.e. me), her application will be automatically processed as such? Was looking at the guidance and some videos of the online forms and there doesn't seem an option to select a track but then when it comes to date of arrival in the UK it says:

To meet the residence requirements, you must have been in the UK:
- for at least 3 years if you are the spouse or the civil partner of a British citizen
- for at least 5 years if you are not the spouse or the civil partner of a British citizen
- on the first day of the 3 or 5 year qualifying period (the required period of time)

If I read this correctly, she will be going through the three year spousal route by default. Is this interpretation correct?

This question is relevant for the actual application date as we normally travel abroad around this time of the year so we would have to apply in a certain date to meet the requirement to be present five years before the application is submitted, but a different (later) date if the requirement is three years.

Thanks as always

If she applies as spouse of a British citizen the application will normally be treated as such - if you prefer the five year route then it's best to state this in a cover node and no need to add your passport and marriage certificate.

Sorry, I know this is a stupid question but just want to be 100% sure.

Is there any issue with both referees being a married couple? They are very close friends and have been for over five years. One of them is a journalist and both are British Citizens so they tick the boxes, but just wondering if the fact that they are related (and live in the same place) could be an issue.

Thanks as always

Your referees cannot be related to you or to each other, either through blood or marriage.

Note only one referee needs to be British. The professional referee can be any nationality.

Ah, wasn't such a stupid question after all. Thought they couldn't be related to me but thought it was OK if they were to each other.

Thanks for this!

Hi all. Apologies for bumping this up again.

We ended up spending exactly 100 days outside of the UK because we had to care for my father in law who had undergone surgery. As per the document above, discretion should be exercised automatically.

We are filling in the form and there are two questions on the same page that we're not sure how to answer. these are:

Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?

If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?

Should we answer "no" to both questions? and provide the same explanation for each (i.e. reasons for being away for so long and that she is employed in the UK and has set a permanent home here)?

It is a bit vague because as per the document linked above the requirement is met, albeit not "strictly" but consistent with the possible discretion to be exercised.

Thanks as always

The statutory requirement is not met. It is upon discretion. Usually discretion is applied in similar cases.

Hi. Asking this question in this thread instead of the one where Zerubabbel posted the original response just to keep things consistent.

We ended up spending exactly 100 days outside of the UK. As per the document that Zerubbabel linked in the other thread, discretion should be exercised automatically.

We are filling in the form and there are two questions on the same page that we're not sure how to answer. these are:

Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?

If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?

I'm not sure about how to answer this as technically she doesn't meet the "strict" 90 day requirement but she does meet it based on automatic discretion up to 100 days.

I suppose that the answer to the first question should be "no" and to the second one should be "yes" and in the description explain the situation (family emergency), that all other requirements are met, including max number of absences during the qualifying period, that she has set up a home and a family (i.e. me) here, that she has a job here and has had ne for over five years and that all her finances and property are in the UK.

Would that be the right way to go?

Thanks as always