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Residency requirements for Citizenship - presence in UK

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Androcleas
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Residency requirements for Citizenship - presence in UK

Post by Androcleas » Sat Jan 04, 2014 5:15 pm

I am a British Citizen. My wife, who is a Russian citizen has an appointment to hand in her application to Oxfordshire NCS on 20th Jan.

She arrived in UK on 21st Dec 2010. We both were absent from UK from 22/08/11 to 19/11/11 so that my wife could complete a course of study. She received ILR on 29/05/13.

I thought that this means she could apply from 20th Dec 2013 for naturalisation, as the absence is far less than 270 days, but reading the guide to AN, it states that she must have LIVED in the UK for three years prior to application. We nearly fell foul of the ILR application as her period of absence was not for reason of work, but study - so she didn't quite meet the 2 year rule and had to apply for FLR before ILR.

Does she actually have to have been present in the UK for 3 years for the application to be successful, or can she apply now on the basis that she arrived more than 3 years ago?

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CR001
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Re: Residency requirements for Citizenship - presence in UK

Post by CR001 » Sat Jan 04, 2014 6:13 pm

No, not for the FULL three years.

The statement means that she must have been physically present, to the day, exactly 3 years before. For example, if she applies on 20th Jan 2014, she must have been physically present in the UK on 20 Jan 2011.

A lot of people get refusals because they were on holiday for example at the exact beginning time of the residence requirement.

Your wife's application will be fine.
Char (CR001 not Casa)
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Androcleas
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Joined: Sat Jan 04, 2014 4:42 pm

Re: Residency requirements for Citizenship - presence in UK

Post by Androcleas » Sat Jan 04, 2014 9:01 pm

Many thanks. We shall continue filling out the form. :-)

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