Residential Qualifying Period

[prasnna]

Hi All,

I got a query regarding our (me and wife) British Nationality application. We both have received ILR in Dec-2009. I completed 5 years before getting ILR and my wife completed in Oct-2011.

She went to India in Nov 2011 and came back in March-2012 ( after 4 months).

We would like to apply for British Nationality now and were directed to UKBA website by one of your posts.

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

After reading the above link esp. the Residential requirments section; can we still apply for BN or the following clause would apply to her application "not spent more than 90 days outside the UK in the last 12 months of the five-year period".

Do we have to wait till April 2013 to apply for BN? Considering my wife completed 5 years in Oct-2011.

Please advice.

Thanks
Prasnna

[Jambo]

It doesn't matter when the 5 years have been completed. It's the 5 years before the application is received that count.

If she doesn't meet the 90 days requirement she can still apply but the application will be at discretion. See 5.1.3 for guidance for the CW for discretion.

Alternatively, she can wait until December 2012 (no need to wait for the 12 months to pass, just until her absences in the last year are less than 90 days).