Naturalisation/Joint Application?/Discretion on Absences?

[SAL1313]

Dear all,

Would sincerely appreciate if you can assist me with my queries:

My History

Arrival in UK: 14 February 2004 on Student VISA, Left in May 2005 and returned on 10 Jun 2005 on Work Permit
(2 changes of employers whilst on Work Permit-Both done whilst in UK without any gaps). I had a work permit valid till 2012 but in Jan 2008 I was made redundant unfortunately. The same month on 25th January 2008 I left for India and came back on 22 Feb 2008 I came back on Spouse visa with my wife. All was fine at re-entry. All through we have had a residence and paid council tax here.

Received PR/ILR on 24 May 2010 with Spouse (who qualified after completing 5 Years on Work Permit)

Absence from the UK in last 5 years=250 days, Absence in last 12 months= 28 days

Question: Am I OK to apply for naturalization now?

One incident was that in 2010 June, I went to USA on holidys and was stopped at re-entry. After waiting on side for a while the Officer came back after checking and said allow as fine and its just that my work permit VISA had been cancelled as reported by employer that I was no longer working with them but I was OK now as I had a different VISA and ILR. She handwrote on page with my work permit VISA "Leave curtailed to 10 Jan 2008". I had gone to India on 25 JAN 2008.

Question: Is this a reason to worry? Does this mean that I overstayed then?


Wife's History

Arrival in UK: 14 February 2004 on Student VISA, Left in May 2005 and returned on 10 Jun 2005 on Work Permit. My wife has continually stayed on WP throughout with just 1 change of employer (with no gaps)

Received PR/ILR on 24 May 2010.

Absence from the UK in last 5 years=505 days (as after ILR she spent quite some time back home with family with no employment here, Absence from the UK in last 12 months= 40 days

Question: Can we apply for Naturalisation together as a joint application now? I intend to apply through NCS.

Question: Is it recommended that we apply for joint application or should we go for individual applications?

Question: My wife is running her own business since July 2012 as a Director of her Private Ltd Company, as its not even a year yet, do we still need to get some evidence of earnings/returns etc?

Question: I have a property here on mortgage but its just on my my name alone. Would it still help to get discretion for her 505 day absence in 5 year? We are in process of getting a second property in wife's name and can apply for her application afterwards with her property and company to show that her estate is in UK?

Thank you in advance for your thoughts and expertise relating above.

Regards

[SAL1313]

bumping my post..can someone please take a few minutes to help? Thanks much

[SAL1313]

Guys, I would really appreciate if someone can help me here..I know its a busy forum and appreciate the help it provides to all. Just that I need to put in my application soon...thanks

[vinny]

See also Citizenship FAQs - Common Questions - Read before posting

In your case, what happened more than 5 years ago shouldn't affect your eligibility with regards to the residential requirements.

If you make a joint application, then ideally, you should both satisfy the standard requirements.

It may be possible for your wife to satisfy just the 3-year residential requirements as a spouse of a British citizen when making a joint application. However, this is undocumented and at the discretion of the caseworker. Some failed, some succeeded.