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Residency Clause and 180 Day clock reset rule for citizenshi

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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anandpathak
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Residency Clause and 180 Day clock reset rule for citizenshi

Post by anandpathak » Fri Jun 24, 2016 4:46 pm

Hello All,
Me and My family would be due to Citizenship in Oct 2016 and I would request your help regarding few clarifications of the same.
My situation , I got my ILR based on 5 years on Tier 1 General Visa in Oct 2015 and my Wife also got the ILR on the same day.
I had arrived in Oct 2010 where as my Wife Arrived in June 2011 ( T1G- dependent visa was granted in March 2011)

My query is regarding my wife Citizenship Application if she should be applying for an Independent based on her T1G Dependent status + 1 year PR or she should apply after me as a Spouse of British Citizen.

I would prefer her applying along with me to save time

The main concern is that she was out of UK ( Visa was still valid) from Sep 2012 to March 2013 ( 185 days) thus proverbial “resetting” her clock .
Is there is specific policy on resetting of the clock (180+ days ) and where can i find this in writing ?

Cheers
Anand

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CR001
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Re: Residency Clause and 180 Day clock reset rule for citize

Post by CR001 » Fri Jun 24, 2016 5:23 pm

There is no '180 days' for naturalisation applications. Here absence in the 5 years immediately preceding her applications must be within the limits set.

She also must have been physically present in the UK exactly 5 years previously on the date she applies.
Char (CR001 not Casa)
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noajthan
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Re: Residency Clause and 180 Day clock reset rule for citize

Post by noajthan » Fri Jun 24, 2016 5:35 pm

Alternately, by applying as a spouse of a BC, under section 6(2) of BNA, the spouse applicant only has to fulfill or demonstrate 3 years residency (& proof of physical presence in UK 3 years, to the day, before date of application).
Another thumbs up for the institution of marriage, if you will.
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anandpathak
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Location: London , UK
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Re: Residency Clause and 180 Day clock reset rule for citize

Post by anandpathak » Sat Jun 25, 2016 11:19 pm

Thanks CR001 and Noajthan for your responses.
By this should I understand that as her absence will be calculated from backwards from Oct 2016 to Oct 2011 and as she has spend about total 250 days ( 185 days + other small duration) out of UK her application could be processed along with me and need not wait for my BC without any problem
She was in UK in Oct 2011 so the other clause also seems to be fine.
CR001 wrote:There is no '180 days' for naturalisation applications. Here absence in the 5 years immediately preceding her applications must be within the limits set.

She also must have been physically present in the UK exactly 5 years previously on the date she applies.

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