Citizenship eligibility uncertainity for my wife

[aneil]

Hi everyone,

Just wanted to check whether I can apply for Naturalisation for my wife:

Important dates:
Date of arrival in UK (Dependant of Tier 1 visa): 07.Nov.2010
Maternity leave (out of UK: 30.Nov.2011 to 31.May.2012
Application for Spouse visa: 01.Sep.2012 (by post) (Did not apply for ILR since 2years not completed)
Spouse visa granted: 26.Mar.2013 (huge backlog in postal applications)
ILR granted: 04.Apr.2015

I got naturalised on 17th December 2013.

The reason for my confusion if whether my wife need to spend 1 year after securing ILR visa (or) since she has lived in 3years already, is she eligible now based on 3years residency?

Can anyone please reply? Thanks for your time!

Regards
Aneil

[CR001]

she has lived in 3years

Provided she was physically present in the UK on the same date 3 years immediately preceeding the date HO receives her application and she meets the standard requirements (English B1, LIUK, within the absence limits for the qualifying period).

She should be able to apply then after 1st June 2015.

[aneil]

Thank you, I was estimating same date based on 3years residency rule.

But can't I count her beginning date as 7th November 2010 at all and then show she has lived in UK for 3 years?

[CR001]

It is 3 years counting backwards from date of application. You cant choose which 3 years to use.

If she applied now for example, she would face an automatical refusal and loss of fee as she was not physically present EXACTLY 3 years ago.

[aneil]

Thanks again, point noted. In that case, we will apply only after June 1 then.

[CR001]

Make sure her absences for ghe 3 year qualifying period are within limits too. No more than 270 days absence in the 3 years and no more than 90 days absence in the last 12 months immediately prior to applying.

I would also suggest using NCS to keep hold of original docs.

Good luck

[aneil]

Thanks again. Her absences are about 45 days (no 90 days leave in last 12 months) in last 3 years. (01.June 2012 - 01.June.2015)

I read this somewhere and just wondering whether they will refuse the application based on the '1 year after ILR' clause below (highlighted text)

Individuals can be naturalised as a British Citizen on the basis of either:
1)5 years’ residence in the UK, or
2)Marriage to a British Citizen with 3 years’ residence in the UK

These two routes above are in place in addition to and separate to the need for ILR to have been granted 12 months before submission of the naturalisation application. Even though a student would need to have resided in the UK for 10 years to obtain ILR, they would still qualify for naturalisation eventually, one year later, under the 5-year rule. Even though a person married to a British national had been granted ILR after only two years, after a further one-year they would need to show three years of marriage in addition to having held ILR for 1 year.

Is the '1 year' gap between ILR and Naturalisation mandatory?

[CR001]

It is 3 years residence and applicant must have ILR but does not have to be for 1 year if they already have 3 years residence.

Spouse visa used to be for 2 years before applying for ILR so 1 year on ILR was needed to make 3.