Dependants eligibility for Naturalization-Need advise

[Rahulmanju]

Hello everyone,

Need advise.
This is regarding Naturalization application for my wife and Son(Both are my dependants and ILR holders)
As per eligibility rules at present, I'm eligible to apply for my Naturalization on 16th Feb 2009, by which I shall complete my 6 years of stay in UK.

I also fulfil these conditions:
1. Not more than 90 days out of country(UK) in last year.
2. Not more than 450 days out of country(UK) in last 5 years and
3. I was in UK on 16th Feb 2003 5 years back (This additional condition should be fulfilled if I apply for Naturalization on 16th Feb 2009)

Now my query:
Both my wife and son are in India from 30 Aug 2008 and planning to return in Dec 08 or Jan 09.

Would my wife and son also need to fullfil the above 3 conditions or
Are they also eligible to apply for Naturalization on 16th Feb 09 if they return to UK in Dec 08 or Jan 09.

Pls. Can some senior members or someone who is well aware of the eligibility norms clarify my Query.

Appreciate your time and help in this regard.

Regards,
Rahulmanju.

[vinny]

If your wife is applying at the same time, then she will also need to satisfy the same standard requirements as you. If she applies after you are British, then she will have to satisfy the requirements for spouse of a British citizen.

If your son is 18 or over, then he will also have to satisfy the standard requirements. Else, he may register as a British citizen.

[Rahulmanju]

Thanks Vinny for your clarification.

I do have a query again:
My son is 11 months old and I can apply for Naturalization along with my application on 16th Feb 09.
Or a separate application is needed for my Son also??

Also, regarding my wife: She was out of country for around 7 months in 2007 due to pregnancy and does

this be considered as valid absency as per Law??
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The Residential law states:
Requirements for naturalisation if you are married to or the civil partner of a British citizen:
Residential requirements

In order to demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least three years (this is known as the residential qualifying period); and
have been present in the United Kingdom three years before the date of your application; and
have not spent more than 270 days outside the United Kingdom during the three-year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the three-year period; and
have not been in breach of the immigration rules at any stage during the three-year period.
Start of the residential qualifying period

Immigration time restrictions

You must be free from immigration time restrictions on the day you make your application.

European Economic Area nationals and Swiss nationals

If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA

free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain.

If you have been outside the United Kingdom for six months or more in any one of the five years of the residence period you will have broken your residence. This does not apply if:

the absence was due to military service; or
all absences were for under 12 months and were for important reasons such as pregnancy, childcare, serious illness, study, vocational training or an overseas posting.
If you leave the United Kingdom for a continuous period of two years or more you will lose your permanent residence status.
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Does the absence due to pregnancy applies only to "European Economic Area nationals and Swissnationals" or is common for other nationals??

Can you pls. clarify as this absency is mentioned under "European Economic Area nationals and Swissnationals"

Thanks in advance.
Rahulmanju.

[vinny]

Family applications should include separate forms for each child, either an AN Form where the child is now an adult (aged 18 or over) or an MN1 Form for a minor ( under the age of 18 ).

See also Chapter 18: Naturalisation at discretion > Annex B: The residence requirements.

I believe that allowances for absences due to pregnancy are applicable to European Economic Area nationals and Swiss nationals or their family members, when they are applying for Permanent residence:

For your residence in the United Kingdom to be considered continuous you should not be absent from the United Kingdom for more than six months each year. Longer absences for compulsory military service will not affect your residence. Additionally, a single absence of a maximum of 12 months for important reasons such as pregnancy, child birth, serious illness, study, vocational training or posting overseas will not affect your residence.

[Rahulmanju]

Thanks Vinny for your help.

I guess, this absences is applicable to European Economic Area nationals and Swiss nationals.

So, I shall apply for naturalization for myself and my Son on 16th Feb 2009 and after I getthru, I shall apply for my wife(need to ensure that she's within the allowed absency limits).

Thanks again,

Rahulmanju.