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ILR via via spouse route, how long can spend away from UK

Posted: Mon May 01, 2023 8:19 pm
by n8net
Hi all,


hope you all are doing well...

My wife got ILR couple of years ago based on 5 years being on spouse visa.

She has not applied for Naturalisation yet, now she visit her home country, how long can she spend outside of the UK pls without losing any eligibility to naturalisation again on her return and lose chance of getting British citezenship?

thanks

Re: ILR via via spouse route, how long can spend away from UK

Posted: Mon May 01, 2023 9:45 pm
by alterhase58
Moved to BC forum as more appropriate.

Eligibility to apply for naturalisation doesn’t expire as long as ILR is maintained. The longer she stays outside the UK the longer it will take to meet the absence requirements. Also remember that ILR will/may lapse if away from the UK for more than 2 years.

To apply as spouse of BC “3 year route” total absences for the three years should be no more than 270 of which 90 days maximum in the 12 months before the application. There is some scope for discretion but this can’t necessarily be relied on.

See the absence explanations in the guidance:
https://www.gov.uk/government/publicati ... bookmark11

Re: ILR via via spouse route, how long can spend away from UK

Posted: Tue May 02, 2023 1:44 am
by n8net
thanks for the reply.

the 'qualifiying' period, is the the period immediately preceding the period when application is made or the period during which she became eligble for Naturalisation (i.e 12 months after ILR was granted)

Re: ILR via via spouse route, how long can spend away from UK

Posted: Tue May 02, 2023 4:59 am
by AmazonianX
n8net wrote:
Tue May 02, 2023 1:44 am
thanks for the reply.

the 'qualifiying' period, is the the period immediately preceding the period when application is made or the period during which she became eligble for Naturalisation (i.e 12 months after ILR was granted)
For naturalisation of one married to British-citizen there is no 12months wait after ILR wait, can apply for naturalisation immediately after getting ILR