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British citizenship - wifes absence criteria

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

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

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Raghav1978
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British citizenship - wifes absence criteria

Post by Raghav1978 » Fri Jan 18, 2013 9:39 pm

Hi

I am a silent reader of forum. I really appreciate the help of moderators, gurus for my query.


Myself, son and wife got ILR in may 2012. We are planning to apply for our citizenship in may2013.

Myself : absences of 220 days (less than the threshold ) and meeting all the other requirements.
Son : born in India
Wfe : she was away for the delivery for more than 10 months. She become my dependent ( tier 1 general ) in feb 2009. She was away for nearly 400 days over these years. got married in dec 2008. But got her dependent visa only in feb 2009.

My question is will she is eligible to apply for her citizenship along with ,
Me in may 2013 or she has wait one more year as she ll be completing 5 years of her stay as dependent.


Thanks
Raghav

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CR001
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Post by CR001 » Fri Jan 18, 2013 9:42 pm

She will have to meet the 5 years residence requirement if she wants to apply with you.

Alternatively, if you apply in May 2013 and get approval, once you receive your certificate of naturalisation, she can apply on the basis of spouse of BC as long as she meets the residential requirements which are :

3 years residence (spouse of BC)
no more than 270 days absence in the 3 years
no more than 90 days absence in the last 12 months immediately before applying.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Raghav1978
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Posts: 17
Joined: Tue Apr 10, 2012 8:08 pm

Citizenship -wife's absence criteria

Post by Raghav1978 » Sat Jan 19, 2013 11:31 am

Hi

Thanks

Just forgot to mention reg my wife's visa.SHE initially came to UK on a working holiday visa in june2007 then switched to dependent visa of tier 1 general in feb 2009. So legally she is UK for more than 5 and half years. She got her ILR in may 2012. I hope she ll meet the 5 year criteria or 3 spouse criteria ?.

So I reckon she can apply for her citizenship based on 5 yr residency and as she has nearly 400 days absences in her entire 5 and half year stay. Will she be eligible or she has to wait for another year for her citizenship.


Pls advise.

Thanks
Raghav

skymoon
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Location: Oxford

Post by skymoon » Sat Jan 19, 2013 11:53 am

She is OK to apply with you in May 2013 as long as she meets orther BC requirements. Good luck.

vinitmanu
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Re: Citizenship -wife's absence criteria

Post by vinitmanu » Sat Jan 19, 2013 2:02 pm

Raghav1978 wrote:Hi

Thanks

Just forgot to mention reg my wife's visa.SHE initially came to UK on a working holiday visa in june2007 then switched to dependent visa of tier 1 general in feb 2009. So legally she is UK for more than 5 and half years. She got her ILR in may 2012. I hope she ll meet the 5 year criteria or 3 spouse criteria ?.

So I reckon she can apply for her citizenship based on 5 yr residency and as she has nearly 400 days absences in her entire 5 and half year stay. Will she be eligible or she has to wait for another year for her citizenship.


Pls advise.

Thanks
Raghav
From the information you have given, she should be OK to apply with you. Makes sure she meets all the other standard requirements.

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