BC after staying outside the country for a year.

[zeddes]

Hi,
My wife came to UK 5 years back on a indefinite Leave to Remain through marriage.
I am a UK Citizen and so are our 2 kids.
My second son was born in India and my wife was there for 13 months.
She came back to UK in September 2012 after the delivery. Baby was born in June 2012 and has a a UK citizenship.
Is my wife eligible for British Citizenship? As described above, she was out of the country for more than 180 days in the past 3 years.
Please help.

[vinny]

No, if she was absent for much more than 90 days in the last 12 months of the three-year period.

[zeddes]

Thanks Vinny,
Do I also need to follow the 270 days rule for the past 3 years? i.e. my wife cannot stay outside UK for 270 days in the past 3 years.
Since she was out of UK for around 400 days, then i'll have to apply only after 3 years.

[vinny]

She should satisfy all the requirements.

[Jambo]

If she has been a resident in the UK for 5 years, she can apply on her own (i.e. not a a spouse of a BC).

The requirements for 5 years are less than 450 days outside the UK. She would still need to meet the 90 days in the last year or apply at discretion of the last year absences (see Q1 & Q3 in Citizenship FAQs - Common Questions - Read before posting).

[zeddes]

Thank you Vinny/Jambo.
Great help indeed.

[dhanubs]

You can apply for your wife's visa in June 2013. The requrement being having spent less than 450 days outside UK (if applying in her own right) or 270 days if applying as a spouse. Since she has spent roughly 390 days outside the UK, she'll be able to apply sooner if she applied in her own right.