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Naturalisation Application 3 years route and absences

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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jafferdeen
Member of Standing
Posts: 306
Joined: Wed Sep 11, 2013 3:48 pm

Naturalisation Application 3 years route and absences

Post by jafferdeen » Thu Nov 11, 2021 12:43 pm

hi
My friend's husband is Indian national. He got his ILR as spouse in July 2016.His wife is British national.

As being a partner of British citizen he was eligible to apply for naturalisation after 3 years of his ILR which was possible in June 2019.But he wants to apply now. But he was out of country in 2017 for more than 180 days .
Question:
Can husband only use last 3 years to apply for his naturalisation as partner of BC or as he has already 5 years of ILR the Home Office will need to see his last 5 years absences ?
if he use last 3 years he meets the absence requirements and if 5 years then there are more absences than actually permitted .

Please guide
J Khan

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Naturalisation Application 3 years route and absences

Post by manci » Thu Nov 11, 2021 3:52 pm

jafferdeen wrote:
Thu Nov 11, 2021 12:43 pm
Can husband only use last 3 years to apply for his naturalisation as partner of BC
Yes.
From the guidance:
To satisfy the residence requirement you should not have been absent for more than
90 days in the last 12 months. If you are married to or in a civil partnership with a British
citizen, the total number of days absence for the whole 3-year period should not exceed
270
Personal opinion, not professional or legal advice

jafferdeen
Member of Standing
Posts: 306
Joined: Wed Sep 11, 2013 3:48 pm

Re: Naturalisation Application 3 years route and absences

Post by jafferdeen » Sat Nov 13, 2021 6:34 pm

will Home Office will only take last 3 years into account ? instead of 5 years as it has already 5 years
J Khan

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alterhase58
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Posts: 8740
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: Naturalisation Application 3 years route and absences

Post by alterhase58 » Sun Nov 14, 2021 8:20 pm

For spouse it's 3 years residency (counting back from the date of application) - they do not revisit what you have submitted for 5 years ILR under immigration rules - naturalisation is not an immigration application.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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