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Absence (NO UK visa) during 5 yrs resi qualifying period

Posted: Tue Jan 24, 2012 4:18 pm
by MB2012
Please advise on my situation:

1. Entered UK (Indian )- 17 Dec 2006 on 2 years work permit
(work permit valid from 14 Dec 2006 till 13 Dec 2008)
2. Left UK 6 Dec 2008 (after 2 years continuous stay in UK with just absence due to hols - max 25days in all).
3. Stayed back in India due to pregnancy complications (have medical proof) without any valid UK visa stamped in passport
4. Got Work permit dependant visa (Visa to Join Spouse) stamped on 31 July 2009 post delivery and returned to UK on 10 Oct 2009 with 6 month old daughter. So there was a gap of 10 months .
5. My husband was on his 5 year work permit visa since 13 Feb 2007 and on 19 Jan 2012 all 3 of us got ILR stamped in our passports.

My question :

Can I apply for British citizenship on /after 19Jan 2013 jointly with my husband as I have completed my 5 years UK residential qualifying period (2 years initially on my own work permit + 2 years 3 months as spouse work permit dependant + 1 year ILR) .

I qualify the application rule as I was present in UK on 19 Jan 2008 (till Dec 2008) on the date of application ie 19Jan2013

I have been working in UK ever since I arrived on dependant visa till now.
So will the gap of 10 month disqualify me from applying jointly with my husband and daughter. I know I can apply as BC spouse after he is naturalised.

Thanks in advance for reading this post and replying.

Posted: Tue Jan 24, 2012 5:23 pm
by Jambo
The gap is not an issue assuming your total days are below 450 days. See also here.

Post subject: Absence (NO UK visa) during 5 yrs resi qualify

Posted: Tue Jan 24, 2012 9:08 pm
by MB2012
Thanks Jambo for your reply. But unlike other members who had valid UK visa on their passports while they were away from UK. My WP had expired when I left UK and got new Dep Visa stamped when I entered UK after 10 months .
So absence of a valid visa won't create any issue for naturalisation application?

Posted: Tue Jan 24, 2012 9:36 pm
by Jambo
Did you click on the link I posted? The examples there are similar to your case. I even gave an example where the initial entry was on a tourist visa.
There is no requirement to have a visa for the whole residential period.

Absence (NO UK visa) during 5 yrs resi qualifying period

Posted: Wed Jan 25, 2012 4:50 pm
by MB2012
Thanks a ton Jambo. Your examples are helpful for people like me. I will now wait another year to apply jointly with my sppuse and let you know of the outcome.