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Hi All,

Please help us understand this rule , thanks in advance.

My wife moved to the UK in September 2016 after marrying me while i was on tier 2, so she was tier 2 dependant on arrival. I got my ILR via tier 2 (5 year route) in 2018 and I naturalised as a British citizen in January 2020.
My wife got her ILR in October 2021.

does this rule apply for her to apply for british citizenship as she is married to me (currently British and it has been 3 years since i naturalised Biritsh) But she moved the country as a Tier 2 dependant on my tier 2 visa ??

or is it only for people who enter the country originally as a spouse of a British Citizen ?

We are choosing this route as she was absent from UK for 590 days in the past 5 years and we are trying to apply under consideration as she was absent due to covid restrictions. so please ignore the fact that she can apply via ILR + 1 year route. we would like to know the above situation only please


I couldnt find this online, hence seeking clarification here.

Many Thanks !!

seth22 wrote: ↑

Wed Mar 29, 2023 9:51 pm

does this rule apply for her to apply for british citizenship as she is married to me (currently British and it has been 3 years since i naturalised Biritsh) But she moved the country as a Tier 2 dependant on my tier 2 visa ??

yes

meself2 wrote: ↑

Wed Mar 29, 2023 10:05 pm

seth22 wrote: ↑

Wed Mar 29, 2023 9:51 pm

does this rule apply for her to apply for british citizenship as she is married to me (currently British and it has been 3 years since i naturalised Biritsh) But she moved the country as a Tier 2 dependant on my tier 2 visa ??

yes

What counts for residency is that applicant was legally resident in the UK, regardless of visa type, and in the end you need ILR of course. That is the route to ILR is not relevant.
Please do review the AN guidance here: https://www.gov.uk/government/publicati ... n-guidance
It should be all clear from that - there's only one type of naturalisation ...

Thanks alot for taking the time.

To be specific, my wife's absence is as below

09 MAR 2020 - 27 AUG 2020 - 170 days ( due to covid lockdown and knee surgery)

14 Nov 2021 - 28 Aug 2022 - 286 days (Pregency in india )

2 Mar 2023 - 12 Mar 2023 - 9 days (holiday)

So she was in uk on 28th August 2020, so will she be ok under 6(2) guidelines for absence rule if she applies on 29th August 2023 .
Total leave of absence is 295 days and read that generally upto 300 days absence is disregarded.
I naturalised as british before her 3 years period and she got ILR 2 years ago.
Also she is employed in the UK and children in UK school

Thanks again.

seth22 wrote: ↑

Wed Mar 29, 2023 10:35 pm

Thanks alot for taking the time.

To be specific, my wife's absence is as below

09 MAR 2020 - 27 AUG 2020 - 170 days ( due to covid lockdown and knee surgery)

14 Nov 2021 - 28 Aug 2022 - 286 days (Pregency in india )

2 Mar 2023 - 12 Mar 2023 - 9 days (holiday)

So she was in uk on 28th August 2020, so will she be ok under 6(2) guidelines for absence rule if she applies on 29th August 2023 .
Total leave of absence is 295 days and read that generally upto 300 days absence is disregarded.
I naturalised as british before her 3 years period and she got ILR 2 years ago.

Thanks again.

[Correction] It looks ok .