Making the Citizenship Application (Periods Out of the UK)

[Kinetic1]

Hi to all on the Forum.

My wife would like to apply for the UK citizenship soon but we have some confusion.

She came to the UK, before the 5 year rule of July 9th 2012 , on the older 3 Year Rule .

Could you explain something to us please.

My wife has been back in the UK since Aug 2016
and has ILR with Biometric card she would now like to apply
for UK citizenship when would this be possible given that:

My wife came to UK with spouse visa on 25/06/2012

and went out of the uk first time 12/09/2014
returned to uk 10/11/2014

Then went out UK secound time on 09/11/2015
returned UK 10/08/2016


12/9/2014 to 10/11/2014 = 62 days
9/11/2015 to 10/8/2016 = 278 days
total = 340 days.
I would like to know the earliest she could now apply ?

Also Absences totalling 300 days during the three years are disregarded.

300 days minus 278 days out of the UK equals max 22 days which we could use to travel outside the UK to visit my wife's relatives in the mean time before we make the Citizen Application, would that be correct?
Thanks for any help with these questions.

[noajthan]

What's this '300 days disregarded' business about?

Start here:
https://www.gov.uk/government/publicati ... en-form-an

[Kinetic1]

Hi noajthan,
Thank-you for the link much appreciated,
in the 3 year period back from making the Citizenship Application 270 days are allowed outside the UK which includes 90 days in the last year of application what i heard is 300 days max can be disregarded if i'm correct.

If Anyone else have any comments i would be most grateful.

[noajthan]

Hi noajthan,
Thank-you for the link much appreciated,
in the 3 year period back from making the Citizenship Application 270 days are allowed outside the UK which includes 90 days in the last year of application what i heard is 300 days max can be disregarded if i'm correct.

If Anyone else have any comments i would be most grateful.

If you read the guidance it explains the discretion and/or the options to count back over longer periods of time.

[Kinetic1]

Hi again noajthan seem to be going in cirles...
"To satisfy the residence requirement you
must not have been absent for more than
90 days in the last 12 months. And the total number of
day’s absence for the whole 5
year period should not exceed 450. If you are married to
or in a civil partnership with
the total number of
day’s absence for the whole 3 year period should
not exceed 270.
There is discretion to disregard absences in excess of the limits. The circumstances
in which discretion would be exercised is explained in the
Booklet AN .Failure to
complete section 2.2 will result in delays to your application.

When i open up Booklet AN i seem to come straight back to this above info above and would like to find the
longer periods out of the UK like you kindly mentioned!

[Kinetic1]

Hi to all on the Forum.

My wife would like to apply for the UK citizenship soon but we have some confusion.

She came to the UK, before the 5 year rule of July 9th 2012 , on the older 3 Year Rule .

Could you explain something to us please.

My wife has been back in the UK since Aug 2016
and has ILR with Biometric card she would now like to apply
for UK citizenship when would this be possible given that:

My wife came to UK with spouse visa on 25/06/2012

and went out of the uk first time 12/09/2014
returned to uk 10/11/2014

Then went out UK secound time on 09/11/2015
returned UK 10/08/2016


12/9/2014 to 10/11/2014 = 62 days
9/11/2015 to 10/8/2016 = 278 days
total = 340 days.
I would like to know the earliest she could now apply ?

Also Absences totalling 300 days during the three years are disregarded.

300 days minus 278 days out of the UK equals max 22 days which we could use to travel outside the UK to visit my wife's relatives in the mean time before we make the Citizen Application, would that be correct?
Thanks for any help with these questions.

i Have tried the guidance which noajthan kindly mentioned but it sends me round in circles
any suggestions on longer periods outside the UK would be most appreciated.

[CR001]

If you are British, then she can apply as spouse of BC which is 3 years residence, which is why noajthan has quoted what he has for 3 year basis applications.

[secret.simon]

She came to the UK, before the 5 year rule of July 9th 2012 , on the older 3 Year Rule .

Those are ILR rules. Got nothing to do with naturalisation, which has got different rules.

To start with, are you (the husband) a British citizen?

Secondly, yes, 300 days absences would be normally disregarded for a Section 6(2) spouse of British citizen application, but I understand you need to state the reasons for the absences. The fewer the absences the better.

She can apply for British citizenship when she meets the requirements;
a) absence as calculated above.
b) at least one year after getting ILR
c) being physically in the UK exactly three years before application

[noajthan]

Read the rest of the guidance which refers to periods going back 4 + years.

[Kinetic1]

Hi Noahthan
I am a British Citizen I Read 7/20 now explaining the 300 days etc
But this is what I originally quoted in my original post
So I was wondering if anyone has an answer to my questions regarding
The date to apply for my wife's citizenship with the dates I have quoted being out of the U.K. To work out when we can apply and also if we have 22 days
To travel outside the U.K. From 278 -300 =22 Days before making the application
Thank you

[Kinetic1]

I can see I am not going to get any
Replies to my last post ,although I have been given links ,which
I have already read before I came to this website and that is why I was asking
These important questions as the answers are not there in our case unfortunately of when to apply for British Citizenship

And looks like no one on the forum from the kind free advice actually has an answer
Only the links we already know about.
but thanks anyway for taking the time to read my post.

[CR001]

What more in terms of advice are you expecting? You have already been told that 300 days are likely to be disregarded for a 6(2) application based on 3 years residence as long as the last 12 months is not more than 90 days.

[Kinetic1]

What more in terms of advice are you expecting? You have already been told that 300 days are likely to be disregarded for a 6(2) application based on 3 years residence as long as the last 12 months is not more than 90 days.

thanks CR001 yes the above is what I know as I posted in original post.
But when is earliest we can apply for wife BC would be a good start too
Thanks

[noajthan]

You have to take ownership and do some heavy lifting yourself.
Read the guide, apply the guidance based on your circumstances which only you know in detail.

[CR001]

What more in terms of advice are you expecting? You have already been told that 300 days are likely to be disregarded for a 6(2) application based on 3 years residence as long as the last 12 months is not more than 90 days.

thanks CR001 yes the above is what I know as I posted in original post.
But when is earliest we can apply for wife BC would be a good start too
Thanks

It will depend on how the absence works in relation to when she was physically present (mandatory requirement) at the start of the 3 year qualifying period. Surely you can do the maths and work this out So it is not only the absence but more crucially, the physically present in the UK.

a) absence as calculated above.
.....
c) being physically in the UK exactly three years before application

[Kinetic1]

Thanks for you kind help CR001
I work it out to be earliest my wife can apply is 10/11/2017 due to my original posted dates of being outside the U.K. Which makes sense now
Giving a total of 22 days available to travel outside the U.K before this date
To visit family.

[Kinetic1]

Thanks for you kind help CR001
I work it out to be earliest my wife can apply is 10/11/2017 due to my original posted dates of being outside the U.K. Which makes sense now
Giving a total of 22 days available to travel outside the U.K before this date
To visit family.

anyone agree with this?
Thanks

[Kinetic1]

so as 2017 has 365 days
2016 has 366 days
2015 has 365 days
2014 has 365 days
Making an application from 11/11/2017
3 years back 11/11/2014 actually in the U.K.
There is a total of days 1461
Minus the 278 days outside the U.K. In those 3 years
Equals 1183
I make it 8 days over the 270 but as I have seen 300 is normally disregarded.
How does this look so far can she apply in Nov 2017?

[CR001]

It is not based on calendar years. It is based on 12 month cycles counting backwards 3 years based on the proposed date of application.

November seems fine.

[Kinetic1]

Hi CR001 thank you for taking the time to clarify this important question that Nov 2017 is fine to apply in our case,
Most grateful to you and noajthan for the guidance .

[Kinetic1]

She came to the UK, before the 5 year rule of July 9th 2012 , on the older 3 Year Rule .

Those are ILR rules. Got nothing to do with naturalisation, which has got different rules.

To start with, are you (the husband) a British citizen?

Secondly, yes, 300 days absences would be normally disregarded for a Section 6(2) spouse of British citizen application, but I understand you need to state the reasons for the absences. The fewer the absences the better.

She can apply for British citizenship when she meets the requirements;
a) absence as calculated above.
b) at least one year after getting ILR
c) being physically in the UK exactly three years before application

Hi secret Simon thank you for your advice much appreciated to you very helpful too.

[Kinetic1]

Thank you

[Kinetic1]

please remove these duplicate posts as there seems to be a glitche on the
Website thanks