Exceeding 450 days in 6 Years

[amoghdhamankar]

Hi Moderators,

Background:
Both I and my wife got ILR in June 2011. However, we decided to have our 2nd daughter born in India. Hence my wife left for India on 15th Dec 2011 along with my elder daughter. My daughter has started her schooling in India and her last day of school is 5th April 2013

I am planning to bring my family back in UK around 2nd week of April 2013.

Question:
My wife has ILR but will cross 450 days limit in 6 years. In this scenario, can she apply for Naturalisation one year from her date of arrival in UK (April 2014)?

I have my ceremony on 12/12/12 and by the time she arrives in UK I would have hoped to become British Citizen.

Please advice if we can apply for her in April 2014??

Thanks
Amogh

[Jambo]

It's 5 years. Not 6 years.

December 2011 till April 2013 is around 480 days. Has your wife been away apart from that?

If not, she could apply around January 2014 (when she would have less than 90 days in the last year before applying). Discretion will be applied in her case and if her days are less than 480, discretion is normally given.

[amoghdhamankar]

Hi Jambo,

Yes she has been away to India before December 2011 as well. So definitely, the days will exceed more than 480 as well

[Jambo]

I suggest you read the caseworker instructions for these cases. See a link in Q3 in Citizenship FAQs - Common Questions - Read before posting.